CONFERENCE COMMITTEE REPORT NO. 42

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 1118
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




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

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 1118, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO HABITUAL CRIMINAL BEHAVIOR," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to create a new offense of
habitual criminal behavior against persons and property and to
impose a mandatory minimum sentence upon repeat offenders.

     Your Committee on Conference finds that there are many
criminals who repeatedly commit misdemeanor offenses.  These
persons know that under current law, if caught, the consequences
of their conduct will be relatively minor.  As such, there is
currently no serious deterrent to their repeated criminal
behavior.  A mandatory sentence will send a strong message that
repeated criminal behavior will not be tolerated.


 
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     Therefore, your Committee has amended this measure by:

     (1)  Providing that a repeat offender shall be sentenced to
          no less than nine months of imprisonment;

     (2)  Providing that the court shall order a defendant
          sentenced under section 707-733, Hawaii Revised
          Statutes, relating to sexual assault in the fourth
          degree, to participate in a sex offender assessment and
          participate in the sex offender treatment program, if
          necessary and appropriate; and

     (3)  Adding a saving provision.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 1118, S.D. 1, H.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 1118, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
PAUL T. OSHIRO, Co-Chair           AVERY B. CHUMBLEY, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
JERRY L. CHANG, Member             MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Member           NORMAN SAKAMOTO, Member
                                   
                                   
                                   
______________________________     ______________________________
KENNETH T. HIRAKI, Member          WHITNEY ANDERSON, Member



______________________________
PAUL WHALEN, Member


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