Report Title:

Probation Laws; Repeal

 

Description:

Prevents inadvertent repeal of probation laws by adding reenactment language to laws that were amended by laws establishing the expedited sentencing program, and scheduled to "drop dead".

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1665

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ACT 316, SESSION LAWS OF HAWAII 1993, AS AMENDED BY ACT 157, SESSION LAWS OF HAWAII 1995.

 

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

SECTION 1. The purpose of this Act is to add reenactment language to laws that were amended, and are in danger of being inadvertently repealed, by laws establishing the expedited sentencing program.

Act 316, Session Laws of Hawaii 1993, enacted a new section relating to the expedited sentencing program, which was subsequently codified as section 706-606.3, Hawaii Revised Statutes, and made conforming amendments to sections 706-621 and 706-623, Hawaii Revised Statutes. Section 6 of that Act provided a sunset date of June 30, 1995. Section 1 of Act 157, Session Laws of Hawaii 1995, extended that sunset date from June 30, 1995, to June 30, 2001.

However, Act 157 did not make any provision for the disposition of sections 706-621 and 706-623 upon the repeal of Act 316. While section 706-606.3 will be repealed by operation of law on June 30, 2001, sections 706-621 and 706-623 will also be repealed in their entirety on the same date. It appears, however, that the intent of the legislature was simply to repeal the references in those sections to the soon to be obsolete expedited sentencing program, rather than those entire sections.

Accordingly, the purpose of this Act is to amend the Session Laws of Hawaii to remove this ambiguity by adding reenactment language to ensure that sections 706-621 and 706-623 survive the 2001 repeal date in the form in which they read before the enactment of the law that enacted the expedited sentencing program. Failure to enact this measure will result in the inadvertent repeal of sections 706-621 and 706-623, both of which are critical to the operation of Hawaii's probation laws.

SECTION 2. Section 6 of Act 316, Session Laws of Hawaii 1993, as amended by section 1 of Act 157, Session Laws of Hawaii 1995, is amended to read as follows:

"SECTION 6. This Act shall take effect upon its approval and shall be repealed on June 30, 2001[.]; provided that:

(1) On the repeal of this Act, sections 706-621 and 706-623, Hawaii Revised Statutes, are reenacted in the form in which they read on June 20, 1993; and

(2) The amendments made to section 706-623, Hawaii Revised Statutes, by Act 229, Session Laws of Hawaii 1994, section 2, and Act 172, Session Laws of Hawaii 1998, section 7, shall not be repealed."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 29, 2001.

INTRODUCED BY:

_____________________________