STAND. COM. REP. NO. 1529

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1497
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
1497, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to impose an enhanced sentence of life imprisonment without
possibility of parole for murder in the second degree in certain
circumstances.

     Your Committee finds that murderers who are habitual violent
offenders, as well as other habitual violent offenders and
habitual sexual offenders, are a small but highly dangerous
segment of Hawaii's criminals.  Such offenders, who have already
repeatedly victimized their fellow citizens, are likely to commit
violent crimes or sexual assaults over and over unless prevented
from doing so.

     Your Committee believes that for non-sexual violent
felonies, some degree of enhanced sentencing beyond the level
provided by current law is appropriate, but only for those
convicted of violent class A felonies after three previous
violent felony convictions, and those convicted of murder in the
second degree after two previous violent felony convictions.  As
to sexual assaults, your Committee finds that the evidence is
even stronger than for violent felonies in general that repeat
sexual offenders with several convictions will continue to repeat

 
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these assaults over and over unless prevented.  Your Committee
further believes that for repeat sexual offenders, some degree of
enhanced sentencing is appropriate even when the current
conviction is for sexual assault in the second degree (a class B
felony) or the third degree (a class C felony).

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney for the City and County of
Honolulu and the Honolulu Police Department.  Testimony in
opposition to this measure was submitted by the Office of the
Public Defender.

     Upon further consideration, your Committee has amended this
measure by deleting its contents and inserting the contents of
S.B. 584, S.D. 1, which:

     (1)  Provides enhanced sentencing for habitual violent
          offenders whose current convictions are for murder in
          the second degree or a violent class A felony;

     (2)  Requires that a person have two prior felony
          convictions, if the current conviction is for murder in
          the second degree, or three prior felony convictions,
          if the current conviction is for a violent class A
          felony, to qualify as a habitual violent offender;

     (3)  Includes enhanced sentencing provisions that imposes
          life imprisonment (which would be within the court's
          discretion under current law) for class A felons with
          three prior violent felony convictions, and imposes
          life imprisonment without parole (which is within the
          court's discretion under current law) for a second
          degree murderer with two prior violent felony
          convictions; and

     (4)  Includes a section separately addressing repeat sexual
          offenders, which provides that felon sexual offenders
          with two previous sexual offense convictions shall be
          sentenced to an extended term (which would be within
          the court's discretion under current law), and further
          provides that felony sexual offenders with three
          previous sexual offense convictions shall be sentenced
          to life imprisonment without parole.

     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 H.B. No.
1497, H.D. 1, as amended herein, and recommends that it pass

 
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Second Reading in the form attached hereto as H.B. No. 1497, H.D.
1, S.D. 1, and be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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