Report Title:

Drug Offenders; Sentencing

Description:

Requires person who is eligible for sentencing both as a first-time drug offender and as a repeat offender to be sentenced as repeat offender.

HOUSE OF REPRESENTATIVES

H.B. NO.

1666

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sentencing for drugs and intoxicating compounds offenses.

 

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

SECTION 1. The purpose of this Act is to clarify that when a defendant is eligible for sentencing as a repeat offender under section 706-606.5, Hawaii Revised Statutes, that section shall supersede section 706-622.5, Hawaii Revised Statutes, and the defendant shall be sentenced pursuant to section 706-606.5.

SECTION 2. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Notwithstanding any penalty or sentencing provision under part IV of chapter 712, a person convicted for the first time for any offense under part IV of chapter 712 involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, or involving possession or use of drug paraphernalia under section 329-43.5, who is nonviolent, as determined by the court after reviewing the:

(a) Criminal history of the defendant;

(b) Factual circumstances of the offense for which the defendant is being sentenced; and

(c) Other information deemed relevant by the court;

shall be sentenced in accordance with subsection (2); provided that the person does not have a conviction for any violent felony for five years immediately preceding the date of the commission of the offense for which the defendant is being sentenced[.]; and provided further that if the person is eligible for sentencing under section 706-606.5, the court shall sentence the person in accordance with section 706-606.5 rather than this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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