STAND. COM. REP. NO. 1388

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1492
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
1492 entitled: 

     "A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC
     ADMINISTRATION,"

begs leave to report as follows:

     The purpose of this bill is to clarify the definition of
contraband as used for the offense of promoting prison contraband
in the second degree.

     Your Committee finds that section 710-1022, Hawaii Revised
Statutes (relating to the offense of promoting prison contraband
in the first degree), deals exclusively with dangerous
instruments and drugs.  However, section 710-1023 (relating to
the offense of promoting prison contraband in the second degree)
also includes dangerous instruments and drugs within the
definition of "contraband," thus causing overlapping of the two
offenses.

     Your Committee notes that this overlapping between the
offenses of promoting prison contraband in the first and in the
second degree have restricted the State to charging the lesser
offense when dangerous instruments and drugs are involved.
Accordingly, your Committee finds that this bill is necessary to
clarify the distinctions between the two offenses and to permit
the State to charge the higher offense when dangerous instruments
and drugs are involved in promoting prison contraband cases.


 
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                                   STAND. COM. REP. NO. 1388
                                   Page 2


     Testimony in support of this measure was submitted by the
Department of Public Safety, the Department of the Prosecuting
Attorney for the City and County of Honolulu, and the Honolulu
Police Department.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1492 and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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