REPORT TITLE:
Crime


DESCRIPTION:
Clarifies cumulative punishment for both a felony involving
firearm possession and firearms possession.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3023
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO CRIME.



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

 1      SECTION 1.  The purpose of this Act is to expressly restate,
 
 2 reiterate, and declare the intent of the legislature in enacting
 
 3 Act 195, Session Laws of Hawaii 1990, making the carrying or use
 
 4 of a firearm in the commission of a felony a separate felony
 
 5 offense and imposing a mandatory minimum term of imprisonment
 
 6 when a semi-automatic or automatic firearm is used or carried in
 
 7 the commission of a felony, was originally and is now to allow
 
 8 for both a conviction and sentence under section 134-6(a), Hawaii
 
 9 Revised Statutes, and the imposition of a mandatory term of
 
10 imprisonment on the sentence for the underlying separate felony
 
11 offense under section 706-660.1, Hawaii Revised Statutes.
 
12      SECTION 2.  Section 706-660.1, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "706-660.1  Sentence of imprisonment for use of a firearm,
 
15 semiautomatic firearm, or automatic firearm in a felony.(1)  A
 
16 person convicted of a felony, where the person had a firearm in
 
17 the person's possession or threatened its use or used the firearm
 
18 while engaged in the commission of the felony, whether the
 
19 firearm was loaded or not, and whether operable or not, may in
 
20 addition to the indeterminate term of imprisonment provided for
 

 
Page 2                                                     3023
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 3                                                     3023
                                     S.B. NO.           
                                                        
                                                        

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

 
Page 4                                                     3023
                                     S.B. NO.           
                                                        
                                                        

 
 1 provided for the grade of offense be sentenced to a mandatory
 
 2 minimum term of imprisonment without possibility of parole or
 
 3 probation the length of which shall be as follows:
 
 4      (a)  For murder in the second degree and attempted murder in
 
 5           the second degree--twenty years;
 
 6      (b)  For a class A felony--fifteen years;
 
 7      (c)  For a class B felony--ten years; and
 
 8      (d)  For a class C felony--five years.
 
 9 The sentence of imprisonment for a felony involving the use of a
 
10 semiautomatic firearm or automatic firearm as provided in this
 
11 subsection shall not be subject to the procedure for determining
 
12 a minimum term of imprisonment prescribed under section 706-669;
 
13 provided further that a person who is imprisoned in a
 
14 correctional institution as provided in this subsection shall
 
15 become subject to the parole procedure as prescribed in section
 
16 706-670 only upon expiration of the term of mandatory
 
17 imprisonment fixed under paragraph (a), (b), (c), or (d).
 
18      (4)  In this section:
 
19      (a)  "Firearm" has the same meaning defined in section 134-1
 
20           except that it does not include "semiautomatic firearm"
 
21           or "automatic firearm."
 
22      (b)  "Automatic firearm" has the same meaning defined in
 
23           section 134-1.
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (c)  "Semiautomatic firearm" means any firearm that uses the
 
 2           energy of the explosive in a fixed cartridge to extract
 
 3           a fired cartridge and chamber a fresh cartridge with
 
 4           each single pull of the trigger.
 
 5      (5)  The mandatory minimum terms of imprisonment provided in
 
 6 this section may be applied to the felony conviction and sentence
 
 7 in addition to a conviction and sentence for a separate felony of
 
 8 carrying or use of a firearm in the commission of a separate
 
 9 felony pursuant to section 134-6(a) for the same criminal
 
10 transaction."
 
11      SECTION 3.  This Act shall not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 4.  New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect upon its approval.
 
16 
 
17                       INTRODUCED BY:  ___________________________