STAND. COM. REP. NO. 530

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 843

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 843, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SENTENCING,"

 

begs leave to report as follows:

 

     The purpose of this measure is to allow a court, before imposing sentence, to order a defendant who has been convicted of a felony or misdemeanor to submit to mental or other medical observation and examination for a period the court determines to be necessary for the purpose, but not to exceed the length of permissible imprisonment.

 

     This measure allows the court to appoint one or more qualified psychiatrists, physicians, or licensed psychologists to conduct the examination from a list of certified examiners as determined by the state department of health.  The report of the examination is to be submitted to the court.

 

     According to the State Attorney General, this measure corrects an inadvertent repeal of the statutory revisions enacted by Act 112, Session Laws of Hawaii 2005, which added a DNA analysis provision but repealed the existing statute on presentence mental and medical examination.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 843, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair