THE SENATE
                THE TWENTIETH LEGISLATURE
                 REGULAR SESSION OF 1999

       MEASURES DEFERRED TO FRIDAY, MARCH 5, 1999

                 COMMITTEE ON JUDICIARY

                        9:00 a.m.
                   Conference Room 229

         DECISION MAKING ON THE FOLLOWING BILLS

    (Deferred from February 8, 12, 19 and 26, 1999))

SB 1151       RELATING TO CIVIL RIGHTS                                  JDC
           Adds "sexual orientation"  as  a protected basis in
           the   laws   against   discrimination   in   public
           accommodations and  real  property transactions and
           "familial  status"  to   the  blockbusting  law  in
           housing


           (Deferred from February 9, 12, 19 and 26, 1999)

SB 1119       RELATING TO HOMICIDE                                      JDC
           Proposes to: (1)  revise  the statutory elements of
           murder; (2) create a  new  version of murder in the
           second degree; and (3) revise the extreme mental or
           emotional disturbance defense  to  one that reduces
           the level of offense just one level.

SB 1120       RELATING TO REPEAT OFFENDERS                              JDC
           Provides for a  twenty-five  year time frame within
           which a prior felony  conviction would qualify as a
           prior felony for repeat offender sentencing.

SB 1122       RELATING TO FIREARMS                                      JDC
           Amends the penalty provisions of the firearm law to
           clarify that the  penalty  for  a violation of this
           section is intended to be in addition to and not in
           lieu of the penalty for other applicable offenses.

SB 919        RELATING TO ROBBERY                                       JDC
           Clarifies  legislative   intent   with  respect  to
           robbery that:  focus  is  on defendant's intent and
           not   victim's   awareness   of   theft;   and  the
           defendant's  assertion  or  conduct  indicating  to
           victim that the defendant is armed with a dangerous
           weapon is sufficient  to  establish  robbery in the
           first degree.

SB 923        RELATING TO CRIMINAL OFFENSES                             JDC

 
           Authorizes sentencing judge  to determine merger of
           convictions if multiple  convictions include lesser
           included   offenses.      Amends   double  jeopardy
           provisions  to  allow   subsequent  prosecution  if
           former  prosecution  resulted  in  a  conviction or
           finding of guilty  of  lesser  include offense that
           subsequently was set aside.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
          (Deferred from February 11, 12, 19 and 26, 1999)

SB 715        RELATING TO ANIMALS                                       JDC
           Includes in the offense  of reckless endangering in
           the second degree the failure to confine or destroy
           an animal  that  has  caused  personal  or property
           damage.

SB 1389       RELATING TO ARSON                                         JDC
           Separates  arson  from  the  offenses  of  criminal
           property damage.


            (Deferred from February 16, 19 and 26, 1999)

SB 594        RELATING TO FIREARMS                                      JDC
           Repeals  good  cause  exemption  for  possession of
           firearms by  a  person  who  is  the  subject  of a
           restraining order. 


            (Deferred from February 17, 19 and 26, 1999)

SB 630        RELATING TO CAMPAIGN CONTRIBUTIONS                        JDC
           Adds  to   campaign   spending   law  new  sections
           regarding   reports    for    late   contributions,
           limitations  on  contributions  during  legislative
           sessions,  and  limitations   on  contributions  by
           corporations,   trade    organizations   or   labor
           organizations.

SB 1265       RELATING TO ELECTIONS                                JDC, WAM
           Extends  first  term  of  3  members  on  elections
           appointment panel from  4  to  6  years who will be
           selected by the governor.

SB 1462       RELATING TO ELECTIONS                                JDC, WAM
           Makes the  office  of  elections  and the elections
           appointment panel permanent.  Requires the panel to
           create an  elections  review  program  to establish
           performance standards for,  and to conduct biennial
           performance  evaluations   of,   the  operation  of
           elections and  the  conduct  of  the chief election
           officer.

SB 910        RELATING TO REAPPORTIONMENT                               JDC
           Pursuant to article  IV,  section  8, of the Hawaii
           constitution, establishes procedures  for the chief
           election officer to conduct  a random drawing after
           a reapportionment year in  the  event the number of
           senators assigned to serve  two-year terms are more
           than 12.

SB 1264       RELATING TO ELECTION RECOUNTS                             JDC

 
           Allows a complaint to  be  filed in a circuit court
           for a recount when the difference in the votes cast
           for winning  and  losing  candidates  for an office
           meets specified trigger results.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              (Deferred from February 23 and 26, 1999)

SB 1148       RELATING TO EMPLOYMENT SECURITY APPEALS              LRE, JDC
           Allows employment security  appeals  hearings to be
           conducted by telephone.

SB 1273       RELATING TO CRIMINAL HISTORY CHECKS FOR              EDU, JDC
SD1           TEACHER TRAINEES
           Authorizes  mandatory  criminal  history  checks on
           teacher trainees.

SB 1142       RELATING TO THE NAMES OF CORPORATIONS,               CPN, JDC
SD1           PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES
           Gives corporations, partnerships, limited liability
           partnerships, and limited  companies the ability to
           seek administrative  relief  against other entities
           who  have  registered  or   use   a  name  that  is
           substantially identical  or  confusingly similar to
           theirs.


              (Deferred from February 24 and 26, 1999)

SB 155        RELATING TO MOTOR VEHICLES                           TIA, JDC
SD1           Requires all  motor  vehicle  licenses issued after
           December  31,  1999,  to  specifically  exclude any
           reference to the licensee's social security number.
           A new  system  of  assigning  unique identification
           numbers  to   motor   vehicle   licenses   will  be
           implemented. 

SB 1212       RELATING TO USE OF INTOXICANTS                       TIA, JDC
SD1           Amends driving impaired statutes to consolidate and
           conform offenses  relating  to  operating a vehicle
           while  using  an   intoxicant.    Makes  conforming
           amendments.

SB 660        RELATING TO DRIVING UNDER THE INFLUENCE              TIA, JDC
           OF INTOXICATING LIQUOR
           Imposes  a   mandatory   minimum  consecutive  jail
           sentence of 48 hours and  not more than 30-days and
           a mandatory fine of  $500 upon any person convicted
           for DUI  who  operated  or  assumed actual physical
           control of a vehicle with a passenger, in or on the
           vehicle, who was less than 18 years of age.

SB 674        RELATING TO POLICE ROADBLOCK PROGRAMS                TIA, JDC
SD1           Provides that failure  to  comply scrupulously with
           police procedures that exceed the minimum statutory
           roadblock  requirements   will   not  invalidate  a
           roadblock   that   otherwise   meets   the  minimum
           statutory criteria.


 
              (Deferred from February 25 and 26, 1999)

SB 627        RELATING TO PUBLIC OFFICERS AND EMPLOYEES            TIA, JDC
           Repeals the state  residency requirement applicable
           to   police   officers   and   employees  occupying
           positions involved in the planning and executing of
           measures for the security  of Hawaii and the United
           States.

SB 1379       RELATING TO CRIMINAL ASSAULTS AND RELATED            TIA, JDC
SD1           OFFENSES
           Increases  penalty  for  assault  against  a police
           officer  and  changes   term   to  law  enforcement
           officer.   Adds    reckless  state  of mind causing
           substantial bodily injury to the officer.  Includes
           law  enforcement  officer  in  public  servants for
           purposes  of  terroristic  threatening  in  the 1st
           degree.

SB 1568       RELATING TO CRIME                                    TIA, JDC
SD1           Expands prohibition of  prostitution  in Waikiki to
           other  areas  designated  by  the  council  of  the
           appropriate county.

SB 1385       RELATING TO IMPAIRED DRIVERS                     TIA/HHS, JDC
SD1           Permits testing of person's blood or urine for drug
           content following collision.   Provides immunity to
           person  withdrawing  blood  for  testing  of drugs.
           Includes schedule  V  controlled  substances within
           definition of "drugs".

SB 613        RELATING TO TOBACCO PRODUCTS                         CPN, JDC
SD1           Creates a statewide  licensure mechanism for retail
           tobacco sales  retail  tobacco vendors, inspections
           and   enforcement,   adjudication   of   fines  and
           penalties, and  training  and  education for retail
           merchants  and  public  awareness  of  the  State's
           statute governing the sale of tobacco to minors.

SB 166        RELATING TO THE DISTRIBUTION OF SAMPLE               HHS, JDC
SD1           TOBACCO PRODUCTS AND TOBACCO PROMOTIONAL MATERIALS
           Prohibits  the   distribution   of  sample  tobacco
           products on or in  any  public street, sidewalk, or
           park, or within 1000 feet of any school attended by
           minors.  Also prohibits the distribution of tobacco
           promotional  materials  within  1,000  feet  of any
           school attended by minors.


                   No testimony will be accepted.


For further information, please call the committee clerk at 586-6911.