REPORT TITLE:
Sentencing; Firearms


DESCRIPTION:
Clarifies that firearms offenses are nonprobationable and are not
subject to a special indeterminate term of imprisonment for a
young adult defendant.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2644
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.
 


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

 1      SECTION 1.  Section 706-620, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�706-620  Authority to withhold sentence of imprisonment.
 
 4 A defendant who has been convicted of a crime may be sentenced to
 
 5 a term of probation unless:
 
 6      (1)  The crime is first or second degree murder or attempted
 
 7           first or second degree murder;
 
 8      (2)  The crime is a class A felony, except class A felonies
 
 9           defined in chapter 712, part IV, and by section
 
10           707-702;
 
11      (3)  The defendant is a repeat offender under section
 
12           706-606.5;
 
13      (4)  The defendant is a felony firearm offender as defined
 
14           in section 706-660.1(1), 706-660.1(2)[;], or
 
15           706-660.1(3); or
 
16      (5)  The crime involved the death of or the infliction of
 
17           serious or substantial bodily injury upon a child, an
 
18           elder person, or a handicapped person under section
 
19           706-660.2."
 

 
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                                     S.B. NO.           2644
                                                        
                                                        

 
 1      SECTION 2.  Section 707-667, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (3) to read as follows:
 
 3      "(3)  Special term.  A young adult defendant convicted of a
 
 4 felony [may], in lieu of any other sentence of imprisonment
 
 5 authorized by this chapter, may be sentenced to a special
 
 6 indeterminate term of imprisonment if the court is of the opinion
 
 7 that [such] the special term is adequate for the young adult
 
 8 defendant's correction and rehabilitation and will not jeopardize
 
 9 the protection of the public.  When ordering a special
 
10 indeterminate term of imprisonment, the court shall impose the
 
11 maximum length of imprisonment, which shall be eight years for a
 
12 class A felony, five years for a class B felony, and four years
 
13 for a class C felony.  The minimum length of imprisonment shall
 
14 be set by the Hawaii paroling authority in accordance with
 
15 section 706-669.  During this special indeterminate term, the
 
16 young adult will be incarcerated separately from career
 
17 criminals, when practicable.
 
18      This section shall not apply to the offenses of [murder]:
 
19      (a)  Murder or attempted murder[.];
 
20      (b)  Prohibited ownership of automatic firearms, silencers,
 
21           etc., under section 134-8;
 
22      (c)  Felony firearm offenses under section 706-660.1;
 
23      (d)  Offenses against children, elder persons, or
 

 
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                                     S.B. NO.           2644
                                                        
                                                        

 
 1           handicapped persons under section 706-660.2 or 706-662;
 
 2      (e)  Offenses by repeat, persistent, professional criminal
 
 3           or dangerous offenders under section 706-606.5 or 706-
 
 4           662; or
 
 5      (f)  Offenses involving the possession, distribution, or
 
 6           manufacture of methamphetamine under section 712-1241,
 
 7           712-1242, or 712-1243."
 
 8      SECTION 3.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:_________________________