REPORT TITLE:
INCREASED FIREARM PENALTIES


DESCRIPTION:
This bill increases the penalties for the use of a firearm in the
commission of a felony.  This bill increases the mandatory
minimum sentences in section 706-660.1 in the event of the
discharge of a firearm in the commission of a felony.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2025 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INCREASED PENALTIES FOR FIREARMS USE IN COMMISSION OF
   A FELONY. 


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

 1      SECTION 1.  The legislature finds that recent events once
 
 2 again spotlight the issue of gun control in the State.  The
 
 3 challenge of gun control is to find answers that do not penalize
 
 4 responsible gun owners while punishing those who use firearms
 
 5 improperly.  The purpose of this bill is to increase the
 
 6 punishment for those who would use firearms in an improper
 
 7 manner.
 
 8      SECTION 2.  Section 706-660.1, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "706-660.1  Sentence of imprisonment for use of a firearm,
 
11 semiautomatic firearm, or automatic firearm in a felony.(1)  A
 
12 person convicted of a felony, where the person had a firearm in
 
13 the person's possession or threatened its use or used the firearm
 
14 while engaged in the commission of the felony, whether the
 
15 firearm was loaded or not, and whether operable or not, may in
 
16 addition to the indeterminate term of imprisonment provided for
 
17 the grade of offense be sentenced to a mandatory minimum term of
 
18 imprisonment without possibility of parole or probation the
 
19 length of which shall be as follows:
 

 
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 1           (a)  For murder in the second degree and attempted
 
 2                murder in the second degree--up to fifteen years;
 
 3           (b)  For a class A felony--up to ten years;
 
 4           (c)  For a class B felony--up to five years; and
 
 5           (d)  For a class C felony--up to three years.
 
 6      (2)  A person convicted of a felony, where the person had a
 
 7 firearm in the person's possession and discharged the firearm
 
 8 while engaged in the commission of the felony may in addition to
 
 9 the indeterminate term of imprisonment provided for the grade of
 
10 offense be sentenced to a mandatory minimum term of imprisonment
 
11 without possibility of parole or probation the length of which
 
12 shall be as follows:
 
13           (a)  For murder in the second degree and attempted
 
14                murder in the second degree--fifteen to twenty
 
15                years;
 
16           (b)  For a class A felony--ten to twenty years;
 
17           (c)  For a class B felony--five to ten years; and
 
18           (d)  For a class C felony--three to five years.
 
19 The sentence of imprisonment for a felony involving the use of a
 
20 firearm as provided in this subsection shall not be subject to
 
21 the procedure for determining minimum term of imprisonment
 
22 prescribed under section 706-669; provided further that a person
 
23 who is imprisoned in a correctional institution as provided in
 

 
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 1 this subsection shall become subject to the parole procedure as
 
 2 prescribed in section 706-670 only upon the expiration of the
 
 3 term of mandatory imprisonment fixed under paragraphs (a), (b),
 
 4 (c), or (d) of subsections (1) and (2).
 
 5      [(2)](3)  A person convicted of a second firearm felony
 
 6 offense as provided in subsection (1) or (2) where the person had
 
 7 a firearm in the person's possession or threatened its use or
 
 8 used the firearm while engaged in the commission of the felony,
 
 9 whether the firearm was loaded or not, and whether operable or
 
10 not, shall in addition to the indeterminate term of imprisonment
 
11 provided for the grade of offense be sentenced to a mandatory
 
12 minimum term of imprisonment without possibility of parole or
 
13 probation the length of which shall be as follows:
 
14      (a)  For murder in the second degree and attempted murder in
 
15           the second degree--twenty years;
 
16      (b)  For a class A felony--[thirteen years, four
 
17           months]twenty years;
 
18      (c)  For a class B felony--[six years, eight months] ten
 
19           years; and
 
20      (d)  For a class C felony--[three years, four months] five
 
21           years.
 
22 The sentence of imprisonment for a second felony offense
 
23 involving the use of a firearm as provided in this subsection
 

 
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 1 shall not be subject to the procedure for determining a minimum
 
 2 term of imprisonment prescribed under section 706-669; provided
 
 3 further that a person who is imprisoned in a correctional
 
 4 institution as provided in this subsection shall become subject
 
 5 to the parole procedure as prescribed in section 706-670 only
 
 6 upon expiration of the term of mandatory imprisonment fixed under
 
 7 paragraph (a), (b), (c), or (d).
 
 8      [(3)](4)  A person convicted of a felony, where the person
 
 9 had a semiautomatic firearm or automatic firearm in the person's
 
10 possession or used or threatened its use while engaged in the
 
11 commission of the felony, whether the semiautomatic firearm or
 
12 automatic firearm was loaded or not, and whether operable or not,
 
13 shall in addition to the indeterminate term of imprisonment
 
14 provided for the grade of offense be sentenced to a mandatory
 
15 minimum term of imprisonment without possibility of parole or
 
16 probation the length of which shall be as follows:
 
17      (a)  For murder in the second degree and attempted murder in
 
18           the second degree--twenty years;
 
19      (b)  For a class A felony--fifteen years;
 
20      (c)  For a class B felony--ten years; and
 
21      (d)  For a class C felony--five years.
 
22      (5)  A person convicted of a felony, where the person had a
 
23 semiautomatic firearm or automatic firearm in the person's
 

 
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 1 possession and discharged the semiautomatic or automatic firearm
 
 2 while engaged in the commission of the felony shall in addition
 
 3 to the indeterminate term of imprisonment provided for the grade
 
 4 of offense be sentenced to a mandatory minimum term of
 
 5 imprisonment without possibility of parole or probation the
 
 6 length of which shall be as follows:
 
 7      (a)  For murder in the second degree and attempted murder in
 
 8           the second degree--twenty years;
 
 9      (b)  For a class A felony--twenty years;
 
10      (c)  For a class B felony--ten years; and
 
11      (d)  For a class C felony--five years.
 
12 The sentence of imprisonment for a felony involving the use of a
 
13 semiautomatic firearm or automatic firearm as provided in this
 
14 subsection shall not be subject to the procedure for determining
 
15 a minimum term of imprisonment prescribed under section 706-669;
 
16 provided further that a person who is imprisoned in a
 
17 correctional institution as provided in this subsection shall
 
18 become subject to the parole procedure as prescribed in section
 
19 706-670 only upon expiration of the term of mandatory
 
20 imprisonment fixed under paragraphs (a), (b), (c), or (d) of
 
21 subsections (4) and (5).
 
22      [(4)](6)  In this section:
 
23           (a)  "Firearm" has the same meaning defined in section
 

 
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 1                134-1 except that it does not include
 
 2                "semiautomatic firearm" or "automatic firearm."
 
 3           (b)  "Automatic firearm" has the same meaning defined
 
 4                in section 134-1.
 
 5           (c)  "Semiautomatic firearm" means any firearm that
 
 6                uses the energy of the explosive in a fixed
 
 7                cartridge to extract a fired cartridge and chamber
 
 8                a fresh cartridge with each single pull of the
 
 9                trigger.
 
10           (d)  "Discharged" means to fire or shoot a firearm.
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________