STAND. COM. REP. NO.940

Honolulu, Hawaii

, 2001

RE: S.B. No. 1229

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1229 entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

The purpose of this measure is to enhance sentencing requirements for the offenses of unauthorized control of a propelled vehicle and unauthorized entry into a motor vehicle.

Specifically, the measure requires that if a person convicted of unauthorized control of a propelled vehicle or unauthorized entry into a motor vehicle and is subsequently sentenced with probation, then the sentence must also include one or more of the following:

(1) A fine;

(2) Restitution; or

(3) Community service.

The measure also upgrades the offense of removing vehicle identification marks from a misdemeanor to a class C felony.

Testimony in support of the measure was received from the City and County of Honolulu Department of the Prosecuting Attorney. The Office of the Public Defender opposed the measure's passage.

Your Committee finds that enhancing sentencing requirements for unauthorized control of a propelled vehicle or unauthorized entry into a motor vehicle offenses would act as a greater deterrent in abating these types of criminal activities. In addition, upgrading the offense of removing vehicle identification marks from a misdemeanor to a class C felony would have a similar effect.

Your Committee has amended the measure by clarifying that the imposition of any of the enhanced probationary penalties provided in the measure will not act as a substitute for any mandatory conditions of probation or abrogate a judge's authority to impose other discretionary conditions of probation as expressed in section 706-624, Hawaii Revised Statutes. Your Committee has also made technical, nonsubstantive amendments for the purposes of style and to conform the measure to recommended drafting procedures.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1229, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1229, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair