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

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THE SENATE                              S.B. NO.           1400
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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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                                     S.B. NO.           1400

 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.
10                           INTRODUCED BY:  _______________________

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