REPORT TITLE:
Methamphetamine Crimes 


DESCRIPTION:
Increases the mandatory minimum terms of imprisonment for persons
convicted of methamphetamine crimes.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1926
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DRUGS.



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

 1      SECTION 1.  Section 712-1241, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (3) to read as follows:
 
 3      "(3)  Notwithstanding any law to the contrary, if the
 
 4 commission of the offense of promoting a dangerous drug in the
 
 5 first degree under this section involved the possession,
 
 6 distribution, or manufacture of methamphetamine, or any of its
 
 7 salts, isomers, and salts of isomers, the person convicted shall
 
 8 be sentenced to an indeterminate term of imprisonment of twenty
 
 9 years with a mandatory minimum term of imprisonment, the length
 
10 of which shall be not less than [one year] three years and not
 
11 greater than ten years, at the discretion of the sentencing court
 
12 for a conviction under subsection (1)(a), (1)(b), or (1)(c) and
 
13 not less than ten years for a conviction under subsection (1)(d).
 
14 The person convicted shall not be eligible for parole during the
 
15 mandatory term of imprisonment."
 
16      SECTION 2.  Section 712-1242, Hawaii Revised Statutes, is
 
17 amended by amending subsection (3) to read as follows:
 
18      "(3)  Notwithstanding any law to the contrary, if the
 
19 commission of the offense of promoting a dangerous drug in the
 
20 second degree under this section involved the possession or
 

 
Page 2                                                     1926
                                     H.B. NO.           
                                                        
                                                        

 
 1 distribution of methamphetamine, or any of its salts, isomers,
 
 2 and salts of isomers, the person convicted shall be sentenced to
 
 3 an indeterminate term of imprisonment of ten years with a
 
 4 mandatory minimum term of imprisonment, the length of which shall
 
 5 be not less than [six months] one-and-a-half years and not
 
 6 greater than five years, at the discretion of the sentencing
 
 7 court.  The person convicted shall not be eligible for parole
 
 8 during the mandatory period of imprisonment."
 
 9      SECTION 3.  Section 712-1243, Hawaii Revised Statutes, is
 
10 amended by amending subsection (3) to read as follows:
 
11      "(3)  Notwithstanding any law to the contrary, if the
 
12 commission of the offense of promoting a dangerous drug in the
 
13 third degree under this section involved the possession or
 
14 distribution of methamphetamine, the person convicted shall be
 
15 sentenced to an indeterminate term of imprisonment of five years
 
16 with a mandatory minimum term of imprisonment, the length of
 
17 which shall be not less than [thirty days] six months and not
 
18 greater than two-and-a-half years, at the discretion of the
 
19 sentencing court.  The person convicted shall not be eligible for
 
20 parole during the mandatory period of imprisonment."
 
21      SECTION 4.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun before its effective date.
 

 
Page 3                                                     1926
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________