Report Title:
Crimes; Repeat Offenders
Description:
Excludes non-violent offenders from repeat offenders statute requiring mandatory minimum prison terms.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1752 |
TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to repeat offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Notwithstanding section 706-669 and
any other law to the contrary, any person convicted of murder in the second
degree, any of the following class A [felony,] felonies:
section 707-702 relating to manslaughter; section 707-720(2) relating to
kidnapping; section 707-730 relating to sexual assault in the first degree; or
section 708-8251 relating arson in the first degree; any of the
following class B [felony,] felonies: section 707-702.5 relating
to negligent homicide in the first degree; section 707-710 relating to assault
in the first degree; 707-712.7 relating to assault against an emergency worker;
section 707-720(3) relating to kidnapping; section 707-731 relating to
sexual assault in the second degree; section 708-810 relating to burglary in
the first degree; section 708-820 relating to criminal property damage in the
first degree; 708-841 relating to robbery in the second degree; section
708-8252 relating to arson in the second degree; section 710-1031 relating to
intimidating a correctional worker; or section 710-1074 relating to
intimidating a juror; or any of the following class C felonies: [section
188-23 relating to possession or use of explosives, electrofishing devices, and
poisonous substances in state waters; section 386-98(d)(1) relating to fraud
violations and penalties; section 431:10A-131(b)(2) relating to insurance
fraud; section 431:10C-307.7(b)(2) relating to insurance fraud; section
432:1-106(b)(2) relating to insurance fraud; section 432D-18.5(b)(2) relating
to insurance fraud;] section 707-703 relating to negligent homicide in the
second degree; section 707-711 relating to assault in the second degree;
section 707-713 relating to reckless endangering in the first degree; section
707-716 relating to terroristic threatening in the first degree; section 707-721
relating to unlawful imprisonment in the first degree; section 707-732 relating
to sexual assault or rape in the third degree; section 707-752 relating to
promoting child abuse in the third degree[; section 707-757 relating to
electronic enticement of a child in the second degree; section 707-766 relating
to extortion in the second degree; section 708-811 relating to burglary in the
second degree; section 708-821 relating to criminal property damage in the
second degree; section 708-831 relating to theft in the first degree as amended
by Act 68, Session Laws of Hawaii 1981; section 708-831 relating to theft in
the second degree; section 708-835.5 relating to theft of livestock; section
708-836 relating to unauthorized control of propelled vehicle; section 708-839.8
relating to identity theft in the third degree; section 708-839.55 relating to
unauthorized possession of confidential personal information; section 708-852
relating to forgery in the second degree; section 708-854 relating to criminal
possession of a forgery device; section 708-875 relating to trademark
counterfeiting;]; section 710-1071 relating to intimidating a
witness; or section 711-1103 relating to riot[; section 712-1203
relating to promoting prostitution in the second degree; section 712-1221
relating to gambling in the first degree; section 712-1224 relating to
possession of gambling records in the first degree; section 712-1243 relating
to promoting a dangerous drug in the third degree; section 712-1247 relating to
promoting a detrimental drug in the first degree; section 846E-9 relating to
failure to comply with covered offender registration requirements; section
134-7 relating to ownership or possession of firearms or ammunition by persons
convicted of certain crimes; section 134-8 relating to ownership, etc., of
prohibited weapons; section 134-9 relating to permits to carry, or who is
convicted of attempting to commit murder in the second degree, any class A
felony, any class B felony, or any of the class C felony offenses enumerated
above and who has a prior conviction or prior convictions for the following
felonies, including an attempt to commit the same: murder, murder in the first
or second degree, a class A felony, a class B felony, any of the class C felony
offenses enumerated above, or any felony conviction of another jurisdiction,],
or who is convicted of attempting to commit any of the felony offenses
enumerated above, and, who has a prior conviction from any of the enumerated
felonies above, including the attempt to commit the same, shall be
sentenced to a mandatory minimum period of imprisonment without possibility of
parole during such period as follows:
(a) One prior felony conviction:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;
(ii) Where the instant conviction is for a class A felony--six years, eight months;
(iii) Where the instant conviction is for a class B felony--three years, four months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;
(b) Two prior felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--twenty years;
(ii) Where the instant conviction is for a class A felony--thirteen years, four months;
(iii) Where the instant conviction is for a class B felony--six years, eight months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--three years, four months;
(c) Three or more prior felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;
(ii) Where the instant conviction is for a class A felony--twenty years;
(iii) Where the instant conviction is for a class B felony--ten years; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--five years."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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