STAND. COM. REP. NO. 836

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 924
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
924 entitled: 

     "A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC
     ADMINISTRATION,"

begs leave to report as follows:

     The purpose of this bill is to clarify the definition of
"contraband" by excluding dangerous instruments and drugs from
the definition, for purposes of the offense of promoting prison
contraband in the second degree.

     Testimony in support of the bill was received by your
Committee from the Department of Public Safety, the Department of
the Prosecuting Attorney of the City and County of Honolulu, and
the Honolulu Police Department.

     Your Committee finds that section 710-1022, Hawaii Revised
Statutes (relating to the offense of promoting prison contraband
in the first degree), deals exclusively with dangerous
instruments and drugs.  However, section 710-1023 (relating to
the offense of promoting prison contraband in the second degree)
also includes dangerous instruments and drugs within the
definition of "contraband", thus causing overlapping of the two
offenses.


 
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                                   STAND. COM. REP. NO. 836
                                   Page 2


     Your Committee notes that this overlapping between the
offenses of promoting prison contraband in the first and in the
second degree have restricted the State to charging only in the
lesser offense when dangerous instruments and drugs are involved.
Accordingly, your Committee finds that this bill is necessary to
clarify the distinctions between the two offenses and to permit
the State to charge the higher offense when dangerous instruments
and drugs are involved in promoting prison contraband cases.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
924 and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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