CONFERENCE COMMITTEE REP. NO. 56-14

 

Honolulu, Hawaii

                 , 2014

 

RE:    H.B. No. 2116

       H.D. 2

       S.D. 1

       C.D. 1

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2116, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SENTENCING FOR JUVENILE OFFENDERS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

The purpose of this measure is to eliminate sentences of life imprisonment without the possibility of parole for juvenile offenders.  Specifically, this measure:

 

(1)  Amends section 706-656, Hawaii Revised Statutes, relating to imprisonment terms for first and second degree murder and attempted first and second degree murder, to:

 

(A)  Apply a sentence of life imprisonment without the possibility of parole to persons eighteen years of age or over at the time of the offense who are convicted of first degree murder or first degree attempted murder; and

 

(B)  Require that persons under the age of eighteen years at the time of the offense who are convicted of first degree murder or first degree attempted murder be sentenced to life imprisonment with the possibility of parole;

 

(2)  Amends section 706-657, Hawaii Revised Statutes, relating to enhanced sentence for second degree murder, to apply the sentencing guidelines under this section to persons eighteen years of age or over at the time of the offense; and

 

(3)  Amends section 706-669, Hawaii Revised Statutes, relating to the determination of minimum terms of imprisonment, to establish a limit on the minimum term of imprisonment before a prisoner who was less than eighteen years of age at the time of the offense becomes eligible for parole.

 

     Your Committee on Conference has amended this measure by:

 

(1)  Deleting the amendment to section 706-669, Hawaii Revised Statutes, relating to the determination of minimum terms of imprisonment;

 

(2)  Changing its effective date to upon its approval and specifying that the measure shall apply to proceedings arising on or after its effective date, and to proceedings that were begun but not concluded before its effective date; and

 

(3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2116, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2116, H.D. 2, S.D. 1, C.D. 1.


 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

________________________________

CLAYTON HEE, Chair

 

____________________________

MELE CARROLL, Co-Chair

________________________________

MAILE S.L. SHIMABUKURO, Co-Chair

 

____________________________

KARL RHOADS, Co-Chair