REPORT TITLE:
Stalking; Probation for Life


DESCRIPTION:
Allows a court to sentence a defendant who has been convicted of
aggravated harassment by stalking to be placed on probation for
life.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1852
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STALKING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 706-623, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  When the court has sentenced a defendant to be placed
 
 4 on probation, the period of probation shall be as follows, unless
 
 5 the court enters the reason therefor on the record and sentences
 
 6 the defendant to a shorter period of probation:
 
 7      (a)  Ten years upon conviction of a class A felony;
 
 8      (b)  Five years upon conviction of a class B or class C
 
 9           felony; provided that the court may sentence a
 
10           defendant who has been convicted of aggravated
 
11           harassment by stalking to be placed on probation for a
 
12           term of not less than five years up to and including
 
13           life, if the court finds that such a sentence is
 
14           appropriate for the ends of justice;
 
15      (c)  One year upon conviction of a misdemeanor; except that
 
16           upon a conviction under section 586-4, 586-11, or
 
17           709-906, the court may sentence the defendant to a
 
18           period of probation not exceeding two years; or
 
19      (d)  Six months upon conviction of a petty misdemeanor."
 

 
Page 2                                                     1852
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  Section 711-1106.4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (2) to read as follows:
 
 3      "(2)  Aggravated harassment by stalking is a class C felony.
 
 4 The period of probation, if any, for a person convicted of
 
 5 aggravated harassment by stalking shall be as provided in section
 
 6 706-623(1)(b)."
 
 7      SECTION 3.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 4.  New statutory material is underscored.
 
11      SECTION 5.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:_________________________