REPORT TITLE:
Capital Punishment


DESCRIPTION:
Provides for a sentence of death or life imprisonment without
possibility of parole upon conviction of a defendant for murder
in the 1st degree.  Requires separate sentencing proceeding after
conviction before a jury.  Establishes aggravating and mitigating
circumstances.  Provides for jury to recommend sentence to judge.
Requires the court to enter sentence of either death or life
without parole.  Requires that a court order to impose death
penalty be supported by specific written findings.  Provides for
automatic review by state supreme court within 60 days in all
cases where death sentence imposed.  Allows for the commutation
of the death penalty to life imprisonment without parole.
Provides for execution by lethal injection.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           474
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO CAPITAL PUNISHMENT.



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

 1      SECTION 1.  Section 706-656, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�706-656  [Terms] Capital punishment; terms of imprisonment
 
 4 for first and second degree murder and attempted first and second
 
 5 degree murder.(1)  [Persons convicted of first degree murder or
 
 6 first degree attempted murder shall be sentenced to life
 
 7 imprisonment without possibility of parole.] Upon conviction of a
 
 8 defendant for murder in the first degree, the court shall conduct
 
 9 a separate sentencing proceeding to determine whether the
 
10 defendant shall be sentenced to death or to life imprisonment
 
11 without possibility of parole.  The proceeding shall be conducted
 
12 by the trial judge before the trial jury as soon as practicable.
 
13 If the trial jury has been waived or if the defendant pleaded
 
14 guilty, the sentencing proceeding shall be conducted before a
 
15 jury empaneled for that purpose, unless waived by the defendant.
 
16 In the proceeding, evidence shall be presented regarding any of
 
17 the aggravating circumstances listed in subsection (3) and the
 
18 mitigating circumstances listed in subsection (4), and evidence
 
19 may be presented as to any other matter that the court deems
 
20 relevant to the sentence.  Any evidence that the court deems to
 

 
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                                     S.B. NO.           474
                                                        
                                                        

 
 1 have probative value may be received; provided that this
 
 2 subsection shall not be construed to authorize the introduction
 
 3 of any evidence secured in violation of the Constitution of the
 
 4 United States or of the State.  The defendant and the State shall
 
 5 be permitted to present arguments for or against the sentence of
 
 6 death.
 
 7      (2)  After hearing all the evidence, the jury shall
 
 8 deliberate and recommend to the court whether the defendant
 
 9 should be sentenced to death or to life imprisonment without the
 
10 possibility of parole.  A recommendation of death shall require a
 
11 unanimous vote of the entire membership of the jury and shall be
 
12 based on a written finding that there are insufficient mitigating
 
13 circumstances to overcome the circumstances of the murder, and a
 
14 listing of any aggravating circumstances:
 
15      (a)  There exists at least one aggravating circumstance,
 
16           under subsection (3) that justifies the death penalty;
 
17           and
 
18      (b)  There are no mitigating circumstances or there are
 
19           insufficient mitigating circumstances considered as a
 
20           whole, as listed in subsection (4), to outweigh each
 
21           aggravating circumstance considered separately.
 
22      (3)  In making its recommendation, the jury shall consider
 
23 the following as aggravating circumstances: