Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1518 entitled:

begs leave to report as follows:

The purpose of this measure is to exempt from probation felony offenses committed with a firearm and to clarify the young adult offender sentencing provision.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney (prosecutors) and Honolulu Police Department. The Public Defender (defenders) submitted comments.

Your Committee finds that the use or possession of a firearm in the course of committing any felony offense should be punished most seriously, in the interests of protecting the public safety and deterrence. Your Committee does not believe that probation is a suitable sentencing alternative for such offenses. This measure exempts those offenses from eligibility for probation.

Your Committee has amended this measure based on the testimony of the prosecutors and defenders by:

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. 1518, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1518, S.D. 1, and be placed on the calendar for Third Reading.