Report Title:

Unlawful Methamphetamine Trafficking; Life Sentence

Description:

Imposes a sentence of life imprisonment without possibility of parole for defendants convicted of unlawful methamphetamine trafficking involving eight ounces or more of methamphetamine.

HOUSE OF REPRESENTATIVES

H.B. NO.

1581

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to unlawful methamphetamine trafficking.

 

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

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§712- Unlawful methamphetamine trafficking in the first degree. (1) A person commits the offense of unlawful methamphetamine trafficking in the first degree if the person knowingly manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense one or more preparations, compounds, mixtures, or substances of an aggregate weight of eight ounces or more of methamphetamine, or any of its salts, isomers, and salts of isomers.

(2) Unlawful methamphetamine trafficking in the first degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656.

§712- Unlawful methamphetamine trafficking in the second degree. (1) A person commits the offense of unlawful methamphetamine trafficking in the second degree if the person knowingly manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more of methamphetamine, or any of its salts, isomers, and salts of isomers.

(2) Unlawful methamphetamine trafficking in the second degree is a class A felony with a mandatory minimum prison term of five years; provided:

(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant, results from the manufacture, distribution, or dispensing of or possession with intent to manufacture, distribute, or dispense any methamphetamine substance, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of ten years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual; and

(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be punishable by a term of life imprisonment with the possibility of parole, with a mandatory minimum prison term of fifteen years and a fine not to exceed $8,000,000 if the defendant is an individual, or a fine not to exceed $20,000,000 if the defendant is other than an individual.

(3) A defendant convicted of unlawful methamphetamine trafficking in the second degree shall be sentenced in accordance with this section, notwithstanding sections 706-620(2), 706-659, 706-640, and 706-641. When sentencing a defendant convicted under this section, the court may order restitution or reimbursement by the defendant to:

(a) The state or county government for the cost incurred for any cleanup associated with the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers; and

(b) Any other person injured as a result of the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers.

§712- Unlawful methamphetamine trafficking in the third degree. (1) A person commits the offense of unlawful methamphetamine trafficking in the third degree if the person knowingly manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one-eighth ounce of methamphetamine, or any of its salts, isomers, and salts of isomers.

(2) Unlawful methamphetamine trafficking in the third degree is a class B felony with a mandatory minimum prison term of three years; provided:

(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant results from the manufacture, distribution, or dispensing of any methamphetamine substance, conviction under this section shall be treated as a class B felony, with a mandatory minimum prison term of five years and a fine not to exceed $2,000,000 if the defendant is an individual, or a fine not to exceed $5,000,000 if the defendant is other than an individual; and

(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of eight years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual; and

(c) If the distribution or dispensing of any amount of a methamphetamine substance is to a minor, then conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of five years.

(3) A defendant convicted of unlawful methamphetamine trafficking in the third degree shall be sentenced in accordance with this section, notwithstanding sections 706-620(2), 706-659, 706-640, and 706-641. When sentencing a defendant convicted under this section, the court may order restitution or reimbursement by the defendant to:

(a) The state or county government for the cost incurred for any cleanup associated with the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers; and

(b) Any other person injured as a result of the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers."

SECTION 2. Section 706-656, Hawaii Revised Statutes, is amended by amending its title and subsection (1) to read as follows:

"§706-656 Terms of imprisonment for first and second degree murder [and], attempted first and second degree murder[.], and first degree unlawful methamphetamine trafficking. (1) Persons convicted of first degree murder [or], first degree attempted murder, or first degree unlawful methamphetamine trafficking shall be sentenced to life imprisonment without possibility of parole.

As part of such sentence the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment."

SECTION 3. Section 712-1240.6, Hawaii Revised Statutes, is repealed.

["[§712-1240.6] Unlawful methamphetamine trafficking; penalties. (1) A person commits the offense of unlawful methamphetamine trafficking if the person knowingly manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense, one or more preparations, compounds, mixtures, or substances of methamphetamine, or any of its salts, isomers, and salts of isomers.

(2) The manufacture, distribution, or dispensing of or possession with intent to manufacture, distribute, or dispense one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more of methamphetamine, or any of its salts, isomers, and salts of isomers is a class A felony with a mandatory minimum prison term of five years; provided however:

(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant, results from the manufacture, distribution, or dispensing of or possession with intent to manufacture, distribute, or dispense any methamphetamine substance, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of ten years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual; and

(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be punishable by a term of life imprisonment with the possibility of parole, with a mandatory minimum prison term of fifteen years and a fine not to exceed $8,000,000 if the defendant is an individual, or a fine not to exceed $20,000,000 if the defendant is other than an individual.

(3) The manufacture, distribution, or dispensing of one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one-eighth ounce of methamphetamine, or any of its salts, isomers, and salts of isomers is a class B felony with a mandatory minimum prison term of three years; provided however:

(a) If death or serious bodily injury as defined in section 707-700 to any person other than the defendant results from the manufacture, distribution or dispensing of any methamphetamine substance, conviction under this section shall be treated as a class B felony, with a mandatory minimum prison term of five years and a fine not to exceed $2,000,000 if the defendant is an individual, or a fine not to exceed $5,000,000 if the defendant is other than an individual; and

(b) If the defendant has been convicted of any felony drug offense prior to conviction of the offense under this section, conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of eight years and a fine not to exceed $4,000,000 if the defendant is an individual, or a fine not to exceed $10,000,000 if the defendant is other than an individual.

(c) If the distribution or dispensing of any amount of a methamphetamine substance is to a minor, then conviction under this section shall be treated as a class A felony, with a mandatory minimum prison term of five years.

(4) A defendant convicted of the offense of unlawful methamphetamine trafficking shall be sentenced in accordance with this section, notwithstanding sections 706-620(2), 706-659, 706-640, and 706-641. When sentencing a defendant convicted of the offense of unlawful methamphetamine trafficking, the court may order restitution or reimbursement to:

(a) The state or county government for the cost incurred for any cleanup associated with the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers by the defendant; and

(b) Any other person injured as a result of the manufacture, distribution, or dispensing of methamphetamine, or any of its salts, isomers, and salts of isomers, by the defendant."]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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