Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2844 entitled:

begs leave to report as follows:

The purpose of this measure is to provide penalties for habitual crime perpetrators.

Testimony in support of this measure was submitted by the Department of the Attorney General, City and County of Honolulu Department of the Prosecuting Attorney, County of Hawaii Office of the Prosecuting Attorney, County of Maui Department of the Prosecuting Attorney, Honolulu Police Department, County of Hawaii Police Department, and Adult Friends for Youth. Testimony in opposition to this measure was submitted by the Community Alliance on Prisons, Drug Policy Action Group, and one individual. Comments were also submitted by the Office of the Public Defender and the Judiciary.

Your Committee finds that in 2002, Hawaii ranked first in the nation for property crime rates and second in larceny theft rates. A large portion of these crimes are committed by habitual offenders. Your Committee finds that by increasing the sanctions for habitual property offenders, this measure provides a deterrent to recidivism.

Your Committee has compared this measure with SB 3233, S.D.1 (the drug omnibus measure) and SB 2436 (the measure proposed by the task force to examine the three strikes issue). After thoroughly comparing the measures, your Committee has identified sections 2 through 10 as conflicting with the content of SB 3233 S.D.1 and SB 2436. As a result, your Committee has determined that the provisions in SB 3233 S.D.1 and SB 2436 better address the issues that relate to Act 161 and habitual violent felons. It is with this conclusion that your Committee amends this measure by deleting sections 2 through 10. The bill now defines habitual property crime, and amends the exceptions to the law on deferred acceptance of guilty and nolo contendere pleas.

Your Committee also amended this measure by adding a savings clause and making technical, nonsubstantive changes.

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. 2844, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2844, S.D. 1, and be placed on the calendar for Third Reading.