Report Title:
Firearms, Crimes, Penalty
Description:
Revises upward the mandatory terms of imprisonment for any crimes committed with the use of a firearm. Expands the crimes covered by the mandatory term requirement to encompass all felonies and misdemeanors.
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THE SENATE |
S.B. NO. |
1354 |
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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 THE COMMISSION OF A CRIME WITH A FIREARM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:
"§706-659 Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605, 706-606, 706-606.5, [706-660.1,] 706-661, and 706-662; and any other law to the contrary[,] except 706-660.1, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of a class A felony defined in chapter 712, part IV, may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms [in certain felony offenses] and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 2. Section 706-660, Hawaii Revised Statutes, is amended to read as follows:
"§706-660 Sentence of imprisonment for class B and C felonies; ordinary terms. A person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the use of firearms [in certain felony offenses] and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:
(1) For a class B felony--10 years; and
(2) For a class C felony--5 years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 3. Section 706-660.1, Hawaii Revised Statutes, is amended to read as follows:
"§706-660.1 Sentence of imprisonment for use of a firearm, semiautomatic firearm, or automatic firearm in the commission of a felony or misdemeanor. (1) A person convicted of a felony[,] or misdemeanor where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the [felony,] crime, whether the firearm was loaded or not, and whether operable or not, [may in addition to the indeterminate term of imprisonment provided for the grade of offense] shall be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
[(a) For murder in the second degree and attempted murder in the second degree--up to fifteen years;
(b) For a class A felony--up to ten years;
(c) For a class B felony--up to five years; and
(d) For a class C felony--up to three years.]
(a) If the firearm was discharged by the defendant during the crime, a mandatory term of twenty-five years; and
(b) If the firearm was used but not discharged by the defendant during the crime, a mandatory term of twenty years.
The sentence of imprisonment for a felony or misdemeanor involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon the expiration of the term of mandatory imprisonment fixed under [paragraph (a), (b), (c), or (d).] this section.
[(2) A person convicted of a second firearm felony offense as provided in subsection (1) where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
(a) For murder in the second degree and attempted murder in the second degree--twenty years;
(b) For a class A felony--thirteen years, four months;
(c) For a class B felony--six years, eight months; and
(d) For a class C felony--three years, four months.
The sentence of imprisonment for a second felony offense involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).
(3) A person convicted of a felony, where the person had a semiautomatic firearm or automatic firearm in the person's possession or used or threatened its use while engaged in the commission of the felony, whether the semiautomatic firearm or automatic firearm was loaded or not, and whether operable or not, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:
(a) For murder in the second degree and attempted murder in the second degree--twenty years;
(b) For a class A felony--fifteen years;
(c) For a class B felony--ten years; and
(d) For a class C felony--five years.
The sentence of imprisonment for a felony involving the use of a semiautomatic firearm or automatic firearm as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).
(4)] (2) In this section:
[(a)] "Firearm" has the same meaning defined in section 134-1 [except that it does not include] and includes "semiautomatic firearm" [or "automatic firearm."].
[(b) "Automatic firearm" has the same meaning defined in section 134-1.
(c) "Semiautomatic firearm" means any firearm that uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger.]"
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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