Report Title:

Decriminalization of Non-serious Offenses

Description:

Establishes a review committee to identify state and county laws relating to non-serious offenses that may be decriminalized. Appropriates funds for the administration of the review committee.

HOUSE OF REPRESENTATIVES

H.B. NO.

1749

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to CRIMINAL offenses.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. (a) There is established a committee to review criminal offenses within the University of Hawaii William S. Richardson school of law for administrative purposes, to consist of representatives of:

(1) The legislative reference bureau;

(2) The judiciary;

(3) The department of the attorney general;

(4) The department of the prosecuting attorney of each county;

(5) The police department of each county;

(6) The department of the corporation counsel of each county;

(7) The office of the public defender; and

(8) The University of Hawaii William S. Richardson school of law.

(b) The review committee shall continue the review process commenced under House Concurrent Resolution No. 261, H.D. 1, S.D. 1, 2004, by identifying, reviewing, and analyzing, to the extent possible, all statutes (other than the Hawaii Penal Code), state rules, and county ordinances and rules that establish:

(1) Criminal offenses described as misdemeanors or petty misdemeanors but that are punishable only by fines; or

(2) Criminal penalties of imprisonment or fines in excess of $1,000, or both, for conduct that, in a common sense, plain meaning application of the provision, is non-serious.

(c) The review committee shall also recommend changes to the penalties imposed by the statutes, state rules, and county ordinances and rules identified pursuant to subsection (b), that would make the penalties more consistent with the penalties imposed for decriminalized traffic infractions. The review committee shall submit a report of its findings and recommendations to the legislature no fewer than twenty days prior to the convening of the regular session of 2006.

(d) The review committee shall cease to exist on the day after adjournment sine die of the regular session of 2006.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 for the purposes of this Act.

The sum appropriated shall be expended by the University of Hawaii William S. Richardson school of law for the purposes of this Act.

SECTION 3. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2005.

INTRODUCED BY:

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