THE SENATE
                 THE TWENTIETH LEGISLATURE
                  REGULAR SESSION OF 1999

                  COMMITTEE ON JUDICIARY
            Senator Avery B. Chumbley, Co-Chair
          Senator Matthew M. Matsunaga, Co-Chair

                     NOTICE OF HEARING

        DATE:    Tuesday, February 9, 1999

        TIME:    9:00 a.m.

        PLACE:   Conference Room 229
                 State Capitol
                 415 South Beretania Street


                        A G E N D A

SB 586     RELATING TO DISPOSITION OF CONVICTED DEFENDANTS    JDC
        Provides for enhanced sentencing of a defendant who,
        in the course of committing or attempting to commit a
        felony sexual assault, uses a controlled substance to
        incapacitate the victim.

SB 829     RELATING TO THE HAWAII RULES OF EVIDENCE           JDC
        Amends the Hawaii Rules of Evidence to conform to the
        federal rule with respect to sex offense cases and the
        relevance of the victim's past behavior.  Adopts a
        Rule of Evidence conforming to the federal rule with
        respect to the admissibility of evidence of similar
        acts in civil cases concerning sexual assault or child
        molestation.

SB 1121    RELATING TO A SENTENCING SIMULATION MODEL     JDC, WAM
        Proposes a simulation model program to gather
        information on convicted defendants in order to
        determine the most efficient use of resources
        available in the prisons, the judiciary, and in the
        community.

SB 1118    RELATING TO HABITUAL CRIMINAL BEHAVIOR             JDC
        Creates a new felony offense covering persons who
        habitually commit misdemeanor offenses against
        property or persons.

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.

SB 931     RELATING TO WIRETAPPING AND ELECTRONIC        JDC, WAM
        SURVEILLANCE
        Conforms state wiretapping and electronic surveillance
        law to the process or request was supplied to or
        federal law.

SB 926     RELATING TO DRUG DEMAND REDUCTION             JDC, WAM
        ASSESSMENTS
        Increases offenses for which drug demand reduction
        assessment may be imposed.  Authorizes expenditure of
        $33,000 for FY 1999-2000; otherwise limits expenditure
        to deposit balance.  Repeals sunset provision of drug
        demand reduction assessment special fund. Provides for
        lapse into general fund, if fund is repealed.


        DECISION MAKING TO FOLLOW, IF TIME PERMITS.


Persons wishing to testify should submit 25 copies of their
testimony to the committee clerk, Room 227, State Capitol, 24
hours prior to the hearing. Testimony may also be faxed if less
than 5 pages in length, to the Senate Sergeant-At-Arms Office at
586-6659 or 1-800-586-6659 (toll free for neighbor islands), at
least 24 hours prior to the hearing.  When 

 
faxing, please indicate to whom the testimony is being submitted,
the date and time of the hearing, and the required number of
copies needed for submittal.

If you require special assistance or auxiliary aids or services
to participate in the public hearing process (i.e., sign language
interpreter, wheelchair accessibility, or parking designated for
the disabled), please contact the committee clerk 24 hours prior
to the hearing so arrangements can be made.

Public Folder.  A folder labeled "Public Folder" containing the
measures and testimonies for the hearing will be available for
shared use by members of the public.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT (808)
586-6911.



____________________________      _______________________________
Senator Avery B. Chumbley         Senator Matthew M. Matsunaga
Co-Chair                          Co-Chair