REPORT TITLE:
Dangerous Drugs


DESCRIPTION:
Repeals mandatory terms of imprisonment for the promotion of
dangerous drugs in the:  (1) Second degree for persons convicted
of possession or distribution of methamphetamine, or any of its
derivatives; and (2)  Third degree for persons convicted of
possession or distribution of methamphetamine.  Requires
convicted persons who are sentenced to probation to pay for and
participate in an appropriate drug treatment or education
program.  (HB2594 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2594
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DANGEROUS DRUGS.



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

 1      SECTION 1.  The purpose of this Act is to amend existing
 
 2 penalties for the possession or distribution of methamphetamines
 
 3 to counter increased property and violent crimes associated with
 
 4 the use of this dangerous drug.
 
 5      SECTION 2.  Section 712-1242, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (3) to read as follows:
 
 7      "(3)  Notwithstanding any law to the contrary, if the
 
 8 commission of the offense of promoting a dangerous drug in the
 
 9 second degree under this section involved the possession or
 
10 distribution of methamphetamine, or any of its salts, isomers,
 
11 and salts of isomers, the person convicted [shall be sentenced to
 
12 an indeterminate term of imprisonment of ten years with a
 
13 mandatory minimum term of imprisonment, the length of which shall
 
14 be not less than six months and not greater than five years, at
 
15 the discretion of the sentencing court.  The person convicted
 
16 shall not be eligible for parole during the mandatory period of
 
17 imprisonment.] who is sentenced to probation shall be required to
 
18 participate in an appropriate drug treatment or education program
 
19 administered by a qualified agency or organization that provides
 
20 such programs to persons who abuse controlled substances.  Each 
 

 
Page 2                                                     2594
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 person enrolled in a drug treatment or education program shall be
 
 2 required to pay for participation in the program to the extent of
 
 3 the person's financial ability."
 
 4      SECTION 3.  Section 712-1243, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (3) to read as follows:
 
 6      "(3)  Notwithstanding any law to the contrary, if the
 
 7 commission of the offense of promoting a dangerous drug in the
 
 8 third degree under this section involved the possession or
 
 9 distribution of methamphetamine, the person convicted [shall be
 
10 sentenced to an indeterminate term of imprisonment of five years
 
11 with a mandatory minimum term of imprisonment, the length of
 
12 which shall be not less than thirty days and not greater than
 
13 two-and-a-half years, at the discretion of the sentencing court.
 
14 The person convicted shall not be eligible for parole during the
 
15 mandatory period of imprisonment.] who is sentenced to probation
 
16 shall be required to participate in an appropriate drug treatment
 
17 or education program administered by a qualified agency or
 
18 organization that provides such programs to persons who abuse
 
19 controlled substances.  Each person enrolled in a drug treatment
 
20 or education program shall be required to pay for participation
 
21 in the program to the extent of the person's financial ability."
 
22      SECTION 4.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 
24 begun, before its effective date.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.