REPORT TITLE:
Relating to crimes involving
firearms.


DESCRIPTION:
Makes the minimum mandatory sentences authorized by section 706-
660.1 for crimes involving firearms mandatory for all offenders.
These enhanced sentences are currently discretionary for the
first offense involving use of a firearm.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2399
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIMES INVOLVING FIREARMS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Recent events have demonstrated Hawaii is not
 
 2 immune to violent crimes involving firearms.  Criminals who use
 
 3 firearms to commit a crime should receive enhanced sentences.
 
 4 Rather than attempt to restrict the rights of law-abiding
 
 5 citizens to own firearms, the purpose of this bill is to deter
 
 6 the use of firearms by criminals.
 
 7      SECTION 2.  Section 706-660.1, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "�706-660.1  Sentence of imprisonment for use of a firearm,
 
10 semiautomatic firearm, or automatic firearm in a felony.(1)  A
 
11 person convicted of a felony, where the person had a firearm in
 
12 the person's possession or threatened its use or used the firearm
 
13 while engaged in the commission of the felony, whether the
 
14 firearm was loaded or not, and whether operable or not, [may]
 
15 shall in addition to the indeterminate term of imprisonment
 
16 provided for the grade of offense be sentenced to a mandatory
 
17 minimum term of imprisonment without possibility of parole or
 
18 probation the length of which shall be as follows:
 
19      (a)  For murder in the second degree and attempted murder in
 
20           the second degree--up to fifteen years;
 
21      (b)  For a class A felony--up to ten years;
 
22      (c)  For a class B felony--up to five years; and
 
Page 2                                                     2399
                                     H.B. NO.           
                                                        
                                                        
 1      (d)  For a class C felony--up to three years.
 
 2 The sentence of imprisonment for a felony involving the use of a
 
 3 firearm as provided in this subsection shall not be subject to
 
 4 the procedure for determining minimum term of imprisonment
 
 5 prescribed under section 706-669; provided further that a person
 
 6 who is imprisoned in a correctional institution as provided in
 
 7 this subsection shall become subject to the parole procedure as
 
 8 prescribed in section 706-670 only upon the expiration of the
 
 9 term of mandatory imprisonment fixed under paragraph (a), (b),
 
10 (c), or (d).
 
11      (2)  A person convicted of a second firearm felony offense
 
12 as provided in subsection (1) where the person had a firearm in
 
13 the person's possession or threatened its use or used the firearm
 
14 while engaged in the commission of the felony, whether the
 
15 firearm was loaded or not, and whether operable or not, shall in
 
16 addition to the indeterminate term of imprisonment provided for
 
17 the grade of offense be sentenced to a mandatory minimum term of
 
18 imprisonment without possibility of parole or probation the
 
19 length of which shall be as follows:
 
20      (a)  For murder in the second degree and attempted murder in
 
21           the second degree--twenty years;
 
22      (b)  For a class A felony--thirteen years, four months;
 
23      (c)  For a class B felony--six years, eight months; and
 
24      (d)  For a class C felony--three years, four months.
 
25 The sentence of imprisonment for a second felony offense
 
26 involving the use of a firearm as provided in this subsection
 

 
Page 3                                                     2399
                                     H.B. NO.           
                                                        
                                                        
 1 shall not be subject to the procedure for determining a minimum
 
 2 term of imprisonment prescribed under section 706-669; provided
 
 3 further that a person who is imprisoned in a correctional
 
 4 institution as provided in this subsection shall become subject
 
 5 to the parole procedure as prescribed in section 706-670 only
 
 6 upon expiration of the term of mandatory imprisonment fixed under
 
 7 paragraph (a), (b), (c), or (d).
 
 8      (3)  A person convicted of a felony, where the person had a
 
 9 semiautomatic firearm or automatic firearm in the person's
 
10 possession or used or threatened its use while engaged in the
 
11 commission of the felony, whether the semiautomatic firearm or
 
12 automatic firearm was loaded or not, and whether operable or not,
 
13 shall in addition to the indeterminate term of imprisonment
 
14 provided for the grade of offense be sentenced to a mandatory
 
15 minimum term of imprisonment without possibility of parole or
 
16 probation the length of which shall be as follows:
 
17      (a)  For murder in the second degree and attempted murder in
 
18           the second degree--twenty years;
 
19      (b)  For a class A felony--fifteen years;
 
20      (c)  For a class B felony--ten years; and
 
21      (d)  For a class C felony--five years.
 
22 The sentence of imprisonment for a felony involving the use of a
 
23 semiautomatic firearm or automatic firearm as provided in this
 
24 subsection shall not be subject to the procedure for determining
 
25 a minimum term of imprisonment prescribed under section 706-669;
 
26 provided further that a person who is imprisoned in a
 

 
Page 4                                                     2399
                                     H.B. NO.           
                                                        
                                                        
 1 correctional institution as provided in this subsection shall
 
 2 become subject to the parole procedure as prescribed in section
 
 3 706-670 only upon expiration of the term of mandatory
 
 4 imprisonment fixed under paragraph (a), (b), (c), or (d).
 
 5      (4)  In this section:
 
 6      (a)  "Firearm" has the same meaning defined in section 134-1
 
 7           except that it does not include "semiautomatic firearm"
 
 8           or "automatic firearm."
 
 9      (b)  "Automatic firearm" has the same meaning defined in
 
10           section 134-1.
 
11      (c)  "Semiautomatic firearm" means any firearm that uses the
 
12           energy of the explosive in a fixed cartridge to extract
 
13           a fired cartridge and chamber a fresh cartridge with
 
14           each single pull of the trigger."
 
15      SECTION 3.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
18 
 
19                       INTRODUCED BY:  ___________________________