Sexual Offenders; Sentencing

Provides for the imposition of extended terms of imprisonment for
persistent and predatory sexual offenders.

THE SENATE                              S.B. NO.           54
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "706-     Enhanced sentences for persistent and predatory
 5 sexual offenders.  (1)  As used in this section:
 6      "Persistent sexual offender" means a person who has
 7 previously pleaded guilty to or has been found guilty of a felony
 8 for a violation of section 707-732, 707-741, or 707-751, or an
 9 attempt to commit any of the offenses specified in those
10 sections.
11      "Predatory sexual offender" means a person who:
12      (a)  Has previously pleaded guilty to or has been found
13           guilty of a felony for a violation of section 707-730,
14           707-731, or 707-750, or an attempt to commit any of the
15           offenses specified in those sections;
16      (b)  Has previously committed an act that would constitute
17           an offense specified in paragraph (a), regardless of
18           whether the act resulted in a conviction; or
19      (c)  Has committed an act or acts against more than one

Page 2                                                     
                                     S.B. NO.           54

 1           victims that would constitute an offense or offenses
 2           specified in paragraph (a), regardless of whether the
 3           defendant was charged with an additional offense or
 4           offenses as a result of those act or acts.
 5      (2)  Notwithstanding any law to the contrary, any person
 6 found to be:
 7      (a)  A persistent sexual offender shall serve a term of
 8           imprisonment of not less than thirty years, which shall
 9           be served without probation or parole; and
10      (b)  A predatory sexual offender shall be imprisoned for
11           life with eligibility for parole; provided that:
12           (i)  In no event shall a person found to be a predatory
13                sexual offender receive a final discharge from
14                parole; and
15          (ii)  The minimum length of imprisonment shall be
16                determined by the Hawaii paroling authority in
17                accordance with section 706-669, but in no event
18                shall be less than fifteen years.
19      (3)  The department of public safety or Hawaii paroling
20 authority may not furlough a person found to be and sentenced as
21 a persistent or predatory sexual offender."
22      SECTION 2.  This Act does not affect rights and duties that
23 matured, penalties that were incurred, and proceedings that were

Page 3                                                     
                                     S.B. NO.           54

 1 begun, before its effective date.
 2      SECTION 3.  New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.
 5                              INTRODUCED BY:______________________