REPORT TITLE:
Imprisonment


DESCRIPTION:
Removes certain conditions for imposing extended terms of
imprisonment.  Allows imposition for felony thefts that meet
other conditions.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO IMPRISONMENT.



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

 1      SECTION 1.  Section 706-662, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "706-662  Criteria for extended terms of imprisonment.  A
 
 4 convicted defendant may be subject to an extended term of
 
 5 imprisonment under section 706-661, if the convicted defendant
 
 6 satisfies one or more of the following criteria:
 
 7      (1)  The defendant is a persistent offender whose
 
 8           imprisonment for an extended term is necessary for
 
 9           protection of the public.  The court shall not make
 
10           this finding unless the defendant has previously been
 
11           convicted of two felonies committed at different times
 
12           when the defendant was eighteen years of age or older.
 
13      (2)  The defendant is a professional criminal whose
 
14           imprisonment for an extended term is necessary for
 
15           protection of the public.  The court shall not make
 
16           this finding unless:
 
17           (a)  The circumstances of the crime show that the
 
18                defendant has knowingly engaged in criminal
 
19                activity as a major source of livelihood; or
 

 
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 1           (b)  The defendant has substantial income or resources
 
 2                not explained to be derived from a source other
 
 3                than criminal activity.
 
 4      (3)  The defendant is a dangerous person whose imprisonment
 
 5           for an extended term is necessary for protection of the
 
 6           public.  The court shall not make this finding unless
 
 7           the defendant has been subjected to a psychiatric or
 
 8           psychological evaluation that documents a significant
 
 9           history of dangerousness to others resulting in
 
10           criminally violent conduct, and this history makes the
 
11           defendant a serious danger to others.  Nothing in this
 
12           section precludes the introduction of victim-related
 
13           data in order to establish dangerousness in accord with
 
14           the Hawaii rules of evidence.
 
15      (4)  The defendant is a multiple offender whose criminal
 
16           actions were so extensive that a sentence of
 
17           imprisonment for an extended term is necessary for
 
18           protection of the public.  The court shall not make
 
19           this finding unless:
 
20           (a)  The defendant is being sentenced for two or more
 
21                felonies or is already under sentence of
 
22                imprisonment for felony; or
 
23           (b)  The maximum terms of imprisonment authorized for
 

 
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 1                each of the defendant's crimes, if made to run
 
 2                consecutively would equal or exceed in length the
 
 3                maximum of the extended term imposed, or would
 
 4                equal or exceed forty years if the extended term
 
 5                imposed is for a class A felony.
 
 6      (5)  The defendant is an offender against the elder,
 
 7           handicapped, or minor [under the age of] eight years of
 
 8           age or younger whose imprisonment for an extended term
 
 9           is necessary for the protection of the public.  The
 
10           court shall not make this finding unless:
 
11           (a)  The defendant attempts or commits any of the
 
12                following crimes:  murder, manslaughter, a sexual
 
13                offense that constitutes a felony under chapter
 
14                707, robbery, felonious assault, burglary, [or]
 
15                kidnapping[;], or theft which constitutes a felony
 
16                under chapter 708; and
 
17           (b)  The defendant, in the course of committing or
 
18                attempting to commit the crime, inflicts [serious
 
19                or substantial] bodily injury upon a person who
 
20                is:
 
21                (i)  Sixty years of age or older;
 
22               (ii)  Blind, a paraplegic, or a quadriplegic; or
 
23              (iii)  Eight years of age or younger[; and
 

 
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 1           (c)  Such disability is known or reasonably should be
 
 2                known to the defendant]."
 
 3      SECTION 2.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________
 

 
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