REPORT TITLE:
Sentencing


DESCRIPTION:
Adds unauthorized entry into motor vehicle to crimes subject to
repeat offender sentencing.  Expands enhanced sentencing to
include attempted murder in the second degree.  Disallows
deferred proceedings for felonies that involve substantial bodily
injury.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2641
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.



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

 1      SECTION 1.  Section 706-606.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  Notwithstanding section 706-669 and any other law to
 
 4 the contrary, any person convicted of murder in the second
 
 5 degree, any class A felony, any class B felony, or any of the
 
 6 following class C felonies:  section 188-23 relating to
 
 7 possession or use of explosives, electrofishing devices, and
 
 8 poisonous substances in state waters; section 707-703 relating to
 
 9 negligent homicide in the first degree; 707-711 relating to
 
10 assault in the second degree; 707-713 relating to reckless
 
11 endangering in the first degree; 707-716 relating to terroristic
 
12 threatening in the first degree; 707-721 relating to unlawful
 
13 imprisonment in the first degree; 707-732 relating to sexual
 
14 assault or rape in the third degree; 707-735 relating to sodomy
 
15 in the third degree; 707-736 relating to sexual abuse in the
 
16 first degree; 707-751 relating to promoting child abuse in the
 
17 second degree; 707-766 relating to extortion in the second
 
18 degree; 708-811 relating to burglary in the second degree;
 
19 708-821 relating to criminal property damage in the second
 

 
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 1 degree; 708-831 relating to theft in the first degree as amended
 
 2 by Act 68, Session Laws of Hawaii 1981; 708-831 relating to theft
 
 3 in the second degree; 708-835.5 relating to theft of livestock;
 
 4 708-836 relating to unauthorized control of propelled vehicle;
 
 5 708-836.5 relating to unauthorized entry into motor vehicle; 
 
 6 708-852 relating to forgery in the second degree; 708-854
 
 7 relating to criminal possession of a forgery device; 708-875
 
 8 relating to trademark counterfeiting; 710-1071 relating to
 
 9 intimidating a witness; 711-1103 relating to riot; 712-1203
 
10 relating to promoting prostitution in the second degree; 712-1221
 
11 relating to gambling in the first degree; 712-1224 relating to
 
12 possession of gambling records in the first degree; 712-1243
 
13 relating to promoting a dangerous drug in the third degree;
 
14 712-1247 relating to promoting a detrimental drug in the first
 
15 degree; 134-7 relating to ownership or possession of firearms or
 
16 ammunition by persons convicted of certain crimes; 134-8 relating
 
17 to ownership, etc., of prohibited weapons; 134-9 relating to
 
18 permits to carry, or who is convicted of attempting to commit
 
19 murder in the second degree, any class A felony, any class B
 
20 felony, or any of the class C felony offenses enumerated above
 
21 and who has a prior conviction or prior convictions for the
 
22 following felonies, including an attempt to commit the same:
 

 
 
 
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 1 murder, murder in the first or second degree, a class A felony, a
 
 2 class B felony, any of the class C felony offenses enumerated
 
 3 above, or any felony conviction of another jurisdiction shall be
 
 4 sentenced to a mandatory minimum period of imprisonment without
 
 5 possibility of parole during such period as follows:
 
 6      (a)  One prior felony conviction:
 
 7           (i)  Where the instant conviction is for murder in the
 
 8                second degree or attempted murder in the second
 
 9                degree--ten years;
 
10          (ii)  Where the instant conviction is for a class A
 
11                felony--six years, eight months;
 
12         (iii)  Where the instant conviction is for a class B
 
13                felony--three years, four months;
 
14          (iv)  Where the instant conviction is for a class C
 
15                felony offense enumerated above--one year, eight
 
16                months;
 
17      (b)  Two prior felony convictions:
 
18           (i)  Where the instant conviction is for murder in the
 
19                second degree or attempted murder in the second
 
20                degree--twenty years;
 
21          (ii)  Where the instant conviction is for a class A
 
22                felony--thirteen years, four months;
 

 
 
 
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 1         (iii)  Where the instant conviction is for a class B
 
 2                felony--six years, eight months;
 
 3          (iv)  Where the instant conviction is for a class C
 
 4                felony offense enumerated above--three years, four
 
 5                months;
 
 6      (c)  Three or more prior felony convictions:
 
 7           (i)  Where the instant conviction is for murder in the
 
 8                second degree or attempted murder in the second
 
 9                degree--thirty years;
 
10          (ii)  Where the instant conviction is for a class A
 
11                felony--twenty years;
 
12         (iii)  Where the instant conviction is for a class B
 
13                felony--ten years;
 
14          (iv)  Where the instant conviction is for a class C
 
15                felony offense enumerated above--five years."
 
16      SECTION 2.  Section 706-647, Hawaii Revised Statutes, is
 
17 amended by amending subsection (1) to read as follows:
 
18      "(1)  A certified or exemplified copy of an order of any
 
19 court of this State for payment of a fine or restitution pursuant
 
20 to section 706-605 or section 571-48 may be filed in the office
 
21 of the clerk of an appropriate court of this State as a special
 
22 proceeding.  The order, whether as an independent order, as part
 

 
 
 
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 1 of a judgment and sentence, or as a condition of probation or
 
 2 deferred plea, shall be enforceable in the same manner as a civil
 
 3 judgment."
 
 4      SECTION 3.  Section 706-660.2, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§706-660.2  Sentence of imprisonment for offenses against
 
 7 children, elder persons, or handicapped persons.  Notwithstanding
 
 8 section 706-669, a person who, in the course of committing or
 
 9 attempting to commit a felony, causes the death or inflicts
 
10 serious or substantial bodily injury upon a person who is:
 
11      (1)  Sixty years of age or older;
 
12      (2)  Blind, a paraplegic, or a quadriplegic; or
 
13      (3)  Eight years of age or younger;
 
14 and such disability is known or reasonably should be known to the
 
15 defendant, shall, if not subjected to an extended term of
 
16 imprisonment pursuant to section 706-662, be sentenced to a
 
17 mandatory minimum term of imprisonment without possibility of
 
18 parole as follows:
 
19      (1)  For murder or attempted murder in the second degree--
 
20           fifteen years;
 
21      (2)  For a class A felony--six years, eight months;
 
22      (3)  For a class B felony--three years, four months;
 

 
 
 
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 1      (4)  For a class C felony--one year, eight months."
 
 2      SECTION 4.  Section 853-4, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§853-4 Chapter not applicable; when.  This chapter shall
 
 5 not apply when:
 
 6      (1)  The offense charged involves the intentional, knowing,
 
 7           reckless, or negligent killing of another person;
 
 8      (2)  The offense charged is a felony that involves the
 
 9           intentional, knowing, or reckless bodily injury,
 
10           substantial bodily injury, or serious bodily injury of
 
11           another person, or is a misdemeanor or petty
 
12           misdemeanor that carries a mandatory minimum sentence
 
13           and that involves the intentional, knowing, or reckless
 
14           bodily injury, substantial bodily injury, or serious
 
15           bodily injury of another person;
 
16      (3)  The offense charged involves a conspiracy or
 
17           solicitation to intentionally, knowingly, or recklessly
 
18           kill another person or to cause serious bodily injury
 
19           to another person;
 
20      (4)  The offense charged is a class A felony;
 
21      (5)  The offense charged is nonprobationable;
 
22      (6)  The defendant has been convicted of any offense defined
 

 
 
 
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 1           as a felony by the Hawaii Penal Code or has been
 
 2           convicted for any conduct that if perpetrated in this
 
 3           State would be punishable as a felony;
 
 4      (7)  The defendant is found to be a law violator or
 
 5           delinquent child for the commission of any offense
 
 6           defined as a felony by the Hawaii Penal Code or for any
 
 7           conduct that if perpetrated in this State would
 
 8           constitute a felony;
 
 9      (8)  The defendant has a prior conviction for a felony
 
10           committed in any state, federal, or foreign
 
11           jurisdiction;
 
12      (9)  A firearm was used in the commission of the offense
 
13           charged;
 
14     (10)  The defendant is charged with the distribution of a
 
15           dangerous, harmful, or detrimental drug to a minor;
 
16     (11)  The defendant has been charged with a felony offense
 
17           and has been previously granted deferred acceptance of
 
18           guilty plea status for a prior offense, regardless of
 
19           whether the period of deferral has already expired;
 
20     (12)  The defendant has been charged with a misdemeanor
 
21           offense and has been previously granted deferred
 
22           acceptance of guilty plea status for a prior felony,
 

 
 
 
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                                     S.B. NO.           2641
                                                        
                                                        


 1           misdemeanor, or petty misdemeanor for which the period
 
 2           of deferral has not yet expired;
 
 3     (13)  The offense charged is:
 
 4           (A)  Escape in the first degree;
 
 5           (B)  Escape in the second degree;
 
 6           (C)  Promoting prison contraband in the first degree;
 
 7           (D)  Promoting prison contraband in the second degree;
 
 8           (E)  Bail jumping in the first degree;
 
 9           (F)  Bail jumping in the second degree;
 
10           (G)  Bribery;
 
11           (H)  Bribery of a witness;
 
12           (I)  Intimidating a witness;
 
13           (J)  Bribery of or by a juror;
 
14           (K)  Intimidating a juror;
 
15           (L)  Jury tampering;
 
16           (M)  Promoting prostitution in the first degree;
 
17           (N)  Promoting prostitution in the second degree;
 
18           (O)  Promoting prostitution in the third degree;
 
19           (P)  Abuse of family and household members;
 
20           (Q)  Sexual assault in the second degree;
 
21           (R)  Sexual assault in the third degree;
 
22           (S)  A violation of an order issued pursuant to chapter
 

 
 
 
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 1                586.
 
 2      The court may adopt by rule other criteria in this area."
 
 3      SECTION 5.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 6.  New statutory material is underscored.
 
 7      SECTION 7.  This Act shall take effect upon its approval.
 
 8 
 
 9                       INTRODUCED BY:  ___________________________