Report Title:
Sexual Offenders; Sentencing
Description:
Provides for the imposition of extended terms of imprisonment for persistent and predatory sexual offenders.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1570 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SEXUAL OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Enhanced sentences for persistent and predatory sexual offenders. (1) As used in this section:
"Persistent sexual offender" means a person who has previously pleaded guiltv to or has been found guilty of a felony for a violation of section 707-732, 707-741, or 707-751, or an attempt to commit any of the offenses specified in those sections.
"Predatory sexual offender" means a person who:
(a) Has previously pleaded guilty to or has been found guilty of a felony for a violation of section 707-730, 707-731, or 707-750, or an attempt to commit any of the offenses specified in those sections;
(b) Has previously committed an act which would constitute an offense specified in paragraph (a), whether or not the act resulted in a conviction; or
(c) Has committed an act or acts against more than one victim which would constitute an offense or offenses specified in paragraph (a), whether or not the defendant was charged with an additional offense or offenses as a result of those act or acts.
(2) Notwithstanding any law to the contrary, any person found to be:
(a) A persistent sexual offender shall serve a term of imprisonment of not less than thirty years, which shall be served without probation or parole; and
(b) A predatory sexual offender shall be imprisoned for life with eligibility for parole; provided that:
(i) In no event shall a person found to be a predatory sexual offender receive a final discharge from parole; and
(ii) The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669, but in no event shall be less than fifteen years.
(3) The department of public safety or Hawaii paroling authority may not furlough a person found to be and sentenced as a persistent or predatory sexual offender."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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