Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1229, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to impose stiffer penalties for certain crimes related to motor vehicles by:

(a) A fine;

(c) A minimum term of community service; and

Testimony in support of this bill was submitted by the Honolulu Department of the Prosecuting Attorney and the Honolulu Police Department. The Office of the Public Defender submitted testimony in opposition.

Upon consideration of this measure, your Committee finds that judges already have the discretion to impose enhanced penalties upon defendants convicted of the subject offenses. Your Committee thus believes that requiring the imposition of enhanced penalties is unnecessary. Accordingly, sections one and two of this bill have been deleted.

In addition, your Committee has amended the bill by placing the penalty for defacing the identifying marks of a motor vehicle under section 286-43, HRS, rather than under section 708-838, HRS.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1229, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1229, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.