REPORT TITLE:
Sentencing


DESCRIPTION:
Subjects offense of unauthorized entry into motor vehicle to
repeat sentencing provisions.  Clarifies that probation shall be
denied to an offender sentenced for use of any type of firearm.
Prohibits DAG and DANC pleas for offenses involving, substantial
bodily injury.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1481       
TWENTIETH LEGISLATURE, 1999                                
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 706-606.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  Notwithstanding section 706-669 and any other law to
 
 4 the contrary, any person convicted of murder in the second
 
 5 degree, any class A felony, any class B felony, or any of the
 
 6 following class C felonies:  section 707-703 relating to
 
 7 negligent homicide in the first degree; 707-711 relating to
 
 8 assault in the second degree; 707-713 relating to reckless
 
 9 endangering in the first degree; 707-716 relating to terroristic
 
10 threatening in the first degree; 707-721 relating to unlawful
 
11 imprisonment in the first degree; 707-732 relating to sexual
 
12 assault or rape in the third degree; 707-735 relating to sodomy
 
13 in the third degree; 707-736 relating to sexual abuse in the
 
14 first degree; 707-751 relating to promoting child abuse in the
 
15 second degree; 707-766 relating to extortion in the second
 
16 degree; 708-811 relating to burglary in the second degree;
 
17 708-821 relating to criminal property damage in the second
 
18 degree; 708-831 relating to theft in the first degree as amended
 
19 by Act 68, Session Laws of Hawaii 1981; 708-831 relating to theft
 

 
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 1 in the second degree; 708-835.5 relating to theft of livestock;
 
 2 708-836 relating to unauthorized control of propelled vehicle;
 
 3 708-836.5 relating to unauthorized entry into motor vehicle;
 
 4 708-852 relating to forgery in the second degree; 708-854
 
 5 relating to criminal possession of a forgery device; 708-875
 
 6 relating to trademark counterfeiting; 710-1031 relating to
 
 7 intimidation of a correctional worker; 710-1071 relating to
 
 8 intimidating a witness; 711-1103 relating to riot; 712-1203
 
 9 relating to promoting prostitution in the second degree; 712-1221 
 
10 relating to gambling in the first degree; 712-1224 relating to
 
11 possession of gambling records in the first degree; 712-1243
 
12 relating to promoting a dangerous drug in the third degree;
 
13 712-1247 relating to promoting a detrimental drug in the first
 
14 degree; 134-7 relating to ownership or possession of firearms or
 
15 ammunition by persons convicted of certain crimes; 134-8 relating
 
16 to ownership, etc., of prohibited weapons; 134-9 relating to
 
17 permits to carry, or who is convicted of attempting to commit
 
18 murder in the second degree, any class A felony, any class B
 
19 felony, or any of the class C felony offenses enumerated above
 
20 and who has a prior conviction or prior convictions for the
 
21 following felonies, including an attempt to commit the same:
 
22 murder, murder in the first or second degree, a class A felony, a
 
23 class B felony, any of the class C felony offenses enumerated
 

 
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 1 above, or any felony conviction of another jurisdiction shall be
 
 2 sentenced to a mandatory minimum period of imprisonment without
 
 3 possibility of parole during such period as follows:
 
 4      (a)  One prior felony conviction:
 
 5           (i)  Where the instant conviction is for murder in the
 
 6                second degree or attempted murder in the second
 
 7                degree--ten years;
 
 8          (ii)  Where the instant conviction is for a class A
 
 9                felony--six years, eight months;
 
10         (iii)  Where the instant conviction is for a class B
 
11                felony--three years, four months;
 
12          (iv)  Where the instant conviction is for a class C
 
13                felony offense enumerated above--one year, eight
 
14                months;
 
15      (b)  Two prior felony convictions:
 
16           (i)  Where the instant conviction is for murder in the
 
17                second degree or attempted murder in the second
 
18                degree--twenty years;
 
19          (ii)  Where the instant conviction is for a class A
 
20                felony--thirteen years, four months;
 
21         (iii)  Where the instant conviction is for a class B
 
22                felony--six years, eight months;
 
23          (iv)  Where the instant conviction is for a class C
 

 
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 1                felony offense enumerated above--three years, four
 
 2                months;
 
 3      (c)  Three or more prior felony convictions:
 
 4           (i)  Where the instant conviction is for murder in the
 
 5                second degree or attempted murder in the second
 
 6                degree--thirty years;
 
 7          (ii)  Where the instant conviction is for a class A
 
 8                felony--twenty years;
 
 9         (iii)  Where the instant conviction is for a class B
 
10                felony--ten years;
 
11          (iv)  Where the instant conviction is for a class C
 
12                felony offense enumerated above--five years."
 
13      SECTION 2.  Section 706-620, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "706-620  Authority to withhold sentence of imprisonment.
 
16 A defendant who has been convicted of a crime may be sentenced to
 
17 a term of probation unless:
 
18      (1)  The crime is first or second degree murder or attempted
 
19           first or second degree murder;
 
20      (2)  The crime is a class A felony, except class A felonies
 
21           defined in chapter 712, part IV, and by section
 
22           707-702;
 
23      (3)  The defendant is a repeat offender under section
 

 
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 1           706-606.5;
 
 2      (4)  The defendant [is] has been sentenced as a felony
 
 3           firearm offender [as defined in] pursuant to section
 
 4           [706-660.1(2);] 706-660.1(1),(2), or (3); or
 
 5      (5)  The crime involved the death of or the infliction of
 
 6           serious or substantial bodily injury upon a child, an
 
 7           elder person, or a handicapped person under section
 
 8           706-660.2."
 
 9      SECTION 3.  Section 706-660.2, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "706-660.2  Sentence of imprisonment for offenses against
 
12 children, elder persons, or handicapped persons.  Notwithstanding
 
13 section 706-669, a person who, in the course of committing or
 
14 attempting to commit a felony, causes the death or inflicts
 
15 serious or substantial bodily injury upon a person who is:
 
16      (1)  Sixty years of age or older;
 
17      (2)  Blind, a paraplegic, or a quadriplegic; or
 
18      (3)  Eight years of age or younger;
 
19 and such disability is known or reasonably should be known to the
 
20 defendant, shall[,] be sentenced, if not subjected to an extended
 
21 term of imprisonment pursuant to section 706-662, [be sentenced]
 
22 to a mandatory minimum term of imprisonment without possibility
 
23 of parole as follows:
 

 
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 1      (1)  For murder or attempted murder in the second degree-
 
 2           -fifteen years;
 
 3      (2)  For a class A felony--six years, eight months;
 
 4      (3)  For a class B felony--three years, four months;
 
 5      (4)  For a class C felony--one year, eight months."
 
 6      SECTION 4.  Section 853-4, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "853-4 Chapter not applicable; when.  This chapter shall
 
 9 not apply when:
 
10      (1)  The offense charged involves the intentional, knowing,
 
11           reckless, or negligent killing of another person;
 
12      (2)  The offense charged is a felony that involves the
 
13           intentional, knowing, or reckless bodily injury,
 
14           substantial bodily injury, or serious bodily injury of
 
15           another person, or is a misdemeanor or petty
 
16           misdemeanor that carries a mandatory minimum sentence
 
17           and that involves the intentional, knowing, or reckless
 
18           bodily injury, substantial bodily injury, or serious
 
19           bodily injury of another person;
 
20      (3)  The offense charged involves a conspiracy or
 
21           solicitation to intentionally, knowingly, or recklessly
 
22           kill another person or to cause serious bodily injury
 
23           to another person;
 

 
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 1      (4)  The offense charged is a class A felony;
 
 2      (5)  The offense charged is nonprobationable;
 
 3      (6)  The defendant has been convicted of any offense defined
 
 4           as a felony by the Hawaii Penal Code or has been
 
 5           convicted for any conduct that if perpetrated in this
 
 6           State would be punishable as a felony;
 
 7      (7)  The defendant is found to be a law violator or
 
 8           delinquent [child] minor for the commission of any
 
 9           offense defined as a felony by the Hawaii Penal Code or
 
10           for any conduct that if perpetrated in this State would
 
11           constitute a felony;
 
12      (8)  The defendant has a prior conviction for a felony
 
13           committed in any state, federal, or foreign
 
14           jurisdiction;
 
15      (9)  A firearm was used in the commission of the offense
 
16           charged;
 
17     (10)  The defendant is charged with the distribution of a
 
18           dangerous, harmful, or detrimental drug to a minor;
 
19     (11)  The defendant has been charged with a felony offense
 
20           and has been previously granted deferred acceptance of
 
21           guilty plea status for a prior offense, regardless of
 
22           whether the period of deferral has already expired;
 
23     (12)  The defendant has been charged with a misdemeanor
 

 
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 1           offense and has been previously granted deferred
 
 2           acceptance of guilty plea status for a prior felony,
 
 3           misdemeanor, or petty misdemeanor for which the period
 
 4           of deferral has not yet expired;
 
 5     (13)  The offense charged is:
 
 6           (A)  Escape in the first degree;
 
 7           (B)  Escape in the second degree;
 
 8           (C)  Promoting prison contraband in the first degree;
 
 9           (D)  Promoting prison contraband in the second degree;
 
10           (E)  Bail jumping in the first degree;
 
11           (F)  Bail jumping in the second degree;
 
12           (G)  Bribery;
 
13           (H)  Bribery of a witness;
 
14           (I)  Intimidating a witness;
 
15           (J)  Bribery of or by a juror;
 
16           (K)  Intimidating a juror;
 
17           (L)  Jury tampering;
 
18           (M)  Promoting prostitution in the first degree;
 
19           (N)  Promoting prostitution in the second degree;
 
20           (O)  Promoting prostitution in the third degree;
 
21           (P)  Abuse of family and household members;
 
22           (Q)  Sexual assault in the second degree;
 
23           (R)  Sexual assault in the third degree;
 

 
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 1           (S)  A violation of an order issued pursuant to chapter
 
 2                586.
 
 3      The court may adopt by rule other criteria in this area."
 
 4      SECTION 5.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun, before its effective date.
 
 7      SECTION 6.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 7.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:_________________________