Report Title:

Decriminalization of Non-serious Offenses

Description:

Directs the University of Hawaii William S. Richardson School of Law and the legislative reference bureau to periodically identify state laws outside the penal code relating to non-serious offenses that may be decriminalized. Requires the legislative reference bureau to draft legislation accordingly. (HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1749

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

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) The University of Hawaii William S. Richardson school of law and the legislative reference bureau shall continue the review process commenced under House Concurrent Resolution No. 261, H.D. 1, S.D. 1, 2004, by periodically identifying, reviewing, and analyzing, to the extent possible, all state statutes (other than the Hawaii Penal Code) and rules that establish:

(1) Criminal offenses specifically denominated as misdemeanors or petty misdemeanors; or

(2) Criminal offenses that authorize imprisonment or fines in excess of $1,000, or both,

but that involve conduct for which, typically, only a fine is imposed.

(b) The University of Hawaii William S. Richardson school of law and the legislative reference bureau shall provide the judiciary with a list of the offenses identified pursuant to subsection (a)(1) and (2). The judiciary shall then identify any offenses that involve conduct for which, typically, only a fine is imposed and those that most frequently appear before the courts. The University of Hawaii William S. Richardson school of law and the legislative reference bureau shall contact the state departments or agencies that have jurisdiction over the offenses identified by the judiciary and request their input as to whether and the extent to which the offenses can be decriminalized without undermining their ability to enforce laws within their jurisdiction.

(c) The University of Hawaii William S. Richardson school of law and the legislative reference bureau shall recommend changes to the penalties imposed by the state statutes and rules identified pursuant to subsections (b) and (c) that would make the penalties more consistent with the penalties imposed for decriminalized traffic infractions. The legislative reference bureau shall draft legislation implementing the findings and recommendations of the committee and present the legislation to the legislature no fewer than twenty days prior to the convening of the next regular session of the legislature.

SECTION 2. Any state agency may recommend state statutes or rules to the school of law and the legislative reference bureau for consideration for possible decriminalization under this Act.

SECTION 3. This Act shall take effect upon its approval.