REPORT TITLE:
DAGS/DANCS; Assault 3rd


DESCRIPTION:
Prohibits deferred acceptance of guilty and nolo contendere pleas
for assault 3rd convictions involving family or household
members.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           595
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL PROCEDURE.



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

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

 
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                                     S.B. NO.           595
                                                        
                                                        

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

 
 
 
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                                     S.B. NO.           595
                                                        
                                                        

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

 
 
 
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                                     S.B. NO.           595
                                                        
                                                        

 
 1           (S)  A violation of an order issued pursuant to chapter
 
 2                586[.];
 
 3           (T)  Assault in the third degree involving a family or
 
 4                household member as defined under section 709-
 
 5                906(1).
 
 6      The court may adopt by rule other criteria in this area."
 
 7      SECTION 2.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:  _______________________