STAND. COM. REP. NO. 894

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 584
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Judiciary and Ways and Means, to which
was referred S.B. No. 584 entitled: 

     "A BILL FOR AN ACT RELATING TO HABITUAL VIOLENT OFFENDERS,"

beg leave to report as follows:

     The purpose of this bill, as received by your Committees, is
to require mandatory life imprisonment without parole for
habitual violent offenders.

     Your Committees find that habitual violent offenders and
habitual sexual offenders are a small but highly dangerous
segment of Hawaii's criminals.  Such offenders, who have already
repeatedly victimized their fellow citizens, are likely to commit
violent crimes or sexual assaults over and over unless prevented
from doing so.

     However, your Committees find that there is a danger that
too broadly written a measure can unfairly punish those who have
previous convictions for relatively minor felonies and, although
convicted for a third felony, do not present a danger to society
meriting life imprisonment.  Your Committees believe that for
violent felonies other than sexual assaults, some degree of
enhanced sentencing beyond the level provided by current law is
appropriate only for those convicted of violent Class A felonies
after three previous violent felony convictions, and those
convicted of murder in the second degree after two previous
violent felony conviction.  As to sexual assaults, your
Committees find that the evidence is even stronger than for

 
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violent felonies in general that repeat sexual offenders with
several convictions will continue to repeat these assaults over
and over unless prevented.  Your Committees believe that for
repeat sexual offenders, some degree of enhanced sentencing is
appropriate even when the current conviction is for sexual
assault in the second degree (a class B felony) or the third
degree (a class C felony).

     Your Committees note that this measure and Senate Bill 583,
heard on the same day, both deal with enhanced sentencing for
those convicted of sexual assaults.  Your Committees have dealt
with enhanced sentencing both for repeat sexual offenders and for
repeat violent offenders in this measure.

     Testimony in support of this measure was submitted by the
Department of Health, the Department of the Prosecuting Attorney
for the City and County of Honolulu, the Honolulu Police
Department, and the Sex Abuse Treatment Center.  Testimony in
opposition to this measure was submitted by the Office of the
Public Defender.  Testimony in support of S.B. 583 was submitted
by the Department of Public Safety, the Department of Health, the
Department of the Prosecuting Attorney for the City and County of
Honolulu, the Department of the Prosecuting Attorney for the
County of Maui, the Honolulu Police Department, and the Sex Abuse
Treatment Center.  Testimony in opposition to this measure was
submitted by the Office of the Public Defender.

     Upon further consideration, your Committees have amended
this measure by:

     (1)  Amending the definition of a habitual violent offender
          to limit it to a person whose current conviction is for
          murder in the second degree or a violent class A
          felony;

     (2)  Amending the number of prior violent felony convictions
          required to qualify as a habitual violent offender to
          two, if the current conviction is for murder in the
          second degree, or three, if the current conviction is
          for a violent class A felony;

     (3)  Deleting the automatic sentence of life imprisonment
          without parole for habitual violent offenders;

     (4)  Inserting enhanced sentencing provisions which mandate
          an extended term sentence (which would be within the
          court's discretion under current law) for class A
          felons with three prior violent felony convictions, and
          mandate life imprisonment without parole (which is

 
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          within the court's discretion under current law) for a
          second degree murderer with two prior violent felony
          convictions;

     (5)  Adding a section dealing separately with repeat sexual
          offenders, which provides that felon sexual offenders
          with two previous sexual offense convictions shall be
          sentenced to an extended term (which would be within
          the court's discretion under current law), and further
          provides that felony sexual offenders with three
          previous sexual offense convictions shall be sentenced
          to life imprisonment without parole; and

     (6)  Making technical, non-substantive amendments for the
          purposes of clarity and style.

     As affirmed by the records of votes of the members of your
Committees on Judiciary and Ways and Means that are attached to
this report, your Committees are in accord with the intent and
purpose of S.B. No. 584, as amended herein, and recommend that it
pass Second Reading in the form attached hereto as S.B. No. 584,
S.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Judiciary and
                                   Ways and Means,



____________________________       ______________________________
CAROL FUKUNAGA, Co-Chair           AVERY B. CHUMBLEY, Co-Chair



____________________________       ______________________________
ANDREW LEVIN, Co-Chair             MATTHEW M. MATSUNAGA, Co-Chair

 
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