REPORT TITLE:
Habit. Violent Off., Sent.


DESCRIPTION:
Heightens penalties for habitual violent offenders.  Defines
terms. [SD1]

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           584
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HABITUAL VIOLENT OFFENDERS.



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

 1      SECTION 1.  The purpose of this Act is to heighten penalties
 
 2 for the third or later conviction for a violent or serious felony
 
 3 including murder, manslaughter, sexual assault, armed robbery,
 
 4 aggravated assault, child abuse or molestation, or any other
 
 5 felony offense involving the use of a deadly weapon or dangerous
 
 6 instrument or the intentional or knowing infliction of serious
 
 7 physical injury.
 
 8      The legislature finds that repeat sexual offenders present
 
 9 special sentencing concerns.  Studies show that only one in one
 
10 hundred first time sexual offenders that go through treatment
 
11 will re-offend; however, one in three repeat sexual offenders
 
12 will re-offend even after treatment.  Re-offenses usually occur
 
13 three and one-half years after release from prison, primarily
 
14 because there is insufficient monitoring of the sexual offender
 
15 once parole is completed.  Hawaii currently has five hundred
 
16 eighty-eight convicted sexual offenders in prison, three hundred
 
17 fourteen of whom are in Hawaii's prisons.  There are an estimated
 
18 thirty-nine sexual offenders scheduled to be released in Hawaii
 
19 within the next two years who show no hope for rehabilitation, as
 
20 evidenced either through non-compliance of sexual offender
 

 
Page 2                                                     
                                     S.B. NO.           584
                                                        S.D. 1
                                                        

 
 1 treatment program or continual offenses regardless of treatment.
 
 2 The legislature recognizes that there are some sexual offenders
 
 3 who cannot be rehabilitated and who will continue to commit
 
 4 sexual offenses as long as they are free in the community.  The
 
 5 legislature finds that California, New Jersey, and New Mexico
 
 6 have enacted legislation to require mandatory life imprisonment
 
 7 of repeat felon sexual offenders.
 
 8      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
 9 by adding two new sections to be appropriately designated and to
 
10 read as follows:
 
11      "706-     Habitual violent offenders.  (1)  As used in this
 
12 section:
 
13      "Habitual violent offender" means a person who:
 
14      (a)  Is convicted in this State of an offense under section
 
15           707-701.5, 707-702, 707-750, or 708-840; and
 
16      (b)  Who, prior to the instant conviction, has previously
 
17           been convicted, whether in this State or elsewhere, of
 
18           committing felony offenses that under the laws of this
 
19           State would be considered violent offenses:
 
20           (i)  Two times, if the current conviction is for an
 
21                offense under section 707-701.5; or
 

 
 
 
 
 
Page 3                                                     
                                     S.B. NO.           584
                                                        S.D. 1
                                                        

 
 1           (ii) Three times, if the current conviction is for an
 
 2                offense under section 707-702, 707-750, or 708-
 
 3                840.
 
 4      "Violent offense" means a violent or serious felony,
 
 5 including:
 
 6      (a)  Murder in the first degree or murder in the second
 
 7           degree;
 
 8      (b)  Manslaughter;
 
 9      (c)  Sexual assault under section 707-730, 707-731, or
 
10           707-733.5;
 
11      (d)  Robbery in the first degree;
 
12      (e)  Assault in the first degree or assault in the second
 
13           degree;
 
14      (f)  Promoting child abuse in the first degree; or
 
15      (g)  Any other felony offense involving the actual or
 
16           threatened use of a deadly weapon or dangerous
 
17           instrument or the intentional or knowing infliction of
 
18           serious physical injury upon a victim.
 
19      (2)  Notwithstanding any other provision of law, habitual
 
20 violent offenders shall be sentenced as follows:
 
21      (a)  If the current conviction is for an offense under
 
22           section 707-701.5, to life imprisonment without
 
23           possibility of parole; provided that as part of such
 
24           sentence the court shall order the director of public
 

 
Page 4                                                     
                                     S.B. NO.           584
                                                        S.D. 1
                                                        

 
 1           safety and the Hawaii paroling authority to prepare an
 
 2           application for the governor to commute the sentence to
 
 3           life imprisonment with parole at the end of twenty
 
 4           years of imprisonment or at the end of the applicable
 
 5           mandatory minimum term of imprisonment under section
 
 6           706-606.5, whichever is longer; and
 
 7      (b)  If the current conviction is for an offense under
 
 8           section 707-702, 707-707-750, or 708-840, to life
 
 9           imprisonment.
 
10      (3)  This section may be cited as the "Habitual Violent
 
11 Offender Incarceration Act."
 
12      706-     Repeat sexual offender; enhanced sentence.  (1)
 
13 Notwithstanding any other provision of law to the contrary, any
 
14 person who is convicted of an offense under section 707-730,
 
15 707-731, 707-732, or 707-733.5, after having been twice
 
16 previously convicted of an offense under section 707-730,
 
17 707-731, 707-732, or 707-733.5, or of an offense under federal
 
18 law or the laws of another state that is comparable to an offense
 
19 under section 707-730, 707-731, 707-732, or 707-733.5, shall be
 
20 sentenced to an extended term of imprisonment as provided in
 
21 section 706-661.
 
22      (2)  Notwithstanding any other provision of law to the
 
23 contrary, any person who is convicted of an offense under section
 
24 707-730, 707-731, or 707-733.5, after having been three times
 

 
Page 5                                                     
                                     S.B. NO.           584
                                                        S.D. 1
                                                        

 
 1 previously convicted of an offense under section 707-730,
 
 2 707-731, 707-732, or 707-733.5, or of an offense under federal
 
 3 law or the laws of another state that is comparable to an offense
 
 4 under section 707-730, 707-731, 707-732, or 707-733.5, shall be
 
 5 sentenced to life imprisonment without possibility of parole;
 
 6 provided that as part of such sentence, the court shall order the
 
 7 director of public safety and the Hawaii paroling authority to
 
 8 prepare an application for the governor to commute the sentence
 
 9 to life imprisonment with parole at the end of twenty years of
 
10 imprisonment or at the end of the applicable mandatory minimum
 
11 term of imprisonment under section 706-606.5, whichever is
 
12 longer."
 
13      SECTION 3.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 4.  New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.