Report Title:
Minimum penalties for repeat violent or sexual offenders
Description:
Establishes minimum penalties for repeat violent or sexual offenders higher than existing minimum penalties for repeat offenders in general.
|
THE SENATE |
S.B. NO. |
2877 |
|
TWENTY-THIRD LEGISLATURE, 2006 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
relating to penalties imposed on repeat violent or sexual offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended to read as follows:
"§706-606.5 Sentencing of repeat offenders. (1) In this section, "qualified," with reference to a conviction for a prior felony offense, means:
(a) if the person convicted was not sentenced to a special term under section 706-667, the conviction occurred within:
(i) twenty years before the date of the instant offense, if the prior offense is murder in the first degree, attempted murder in the first degree, murder in the second degree, attempted murder in the second degree, or a class A felony;
(ii) ten years before the date of the instant offense, if the prior offense is a class B felony;
(iii) five years before the date of the instant offense, if the prior offense is a class C felony offense enumerated in subsection (2); or
(iv) within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense, if that offense is under federal law or the laws of another state; or
(b) if the person convicted was sentenced to a special term under section 706-667, the conviction occurred within:
(i) eight years before the date of the instant offense, if the prior offense is a class A felony;
(ii) five years before the date of the instant offense, if the prior offense is a class B felony; or
(iii) four years before the date of the instant offense, if the prior offense is a class C felony offense enumerated above.
(2) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; section 707-703 relating to negligent homicide in the first degree; 707-711 relating to assault in the second degree; 707-713 relating to reckless endangering in the first degree; 707-716 relating to terroristic threatening in the first degree; 707-721 relating to unlawful imprisonment in the first degree; [707-732 relating to sexual assault or rape in the third degree;] 707-735 relating to sodomy in the third degree; 707-736 relating to sexual abuse in the first degree; 707-751 relating to promoting child abuse in the second degree; 707-766 relating to extortion in the second degree; 708-811 relating to burglary in the second degree; 708-821 relating to criminal property damage in the second degree; 708-831 relating to theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981; 708-831 relating to theft in the second degree; 708-835.5 relating to theft of livestock; 708-836 relating to unauthorized control of propelled vehicle; 708-852 relating to forgery in the second degree; 708-854 relating to criminal possession of a forgery device; 708-875 relating to trademark counterfeiting; 710-1071 relating to intimidating a witness; 711-1103 relating to riot; 712-1203 relating to promoting prostitution in the second degree; 712-1221 relating to gambling in the first degree; 712-1224 relating to possession of gambling records in the first degree; 712-1243 relating to promoting a dangerous drug in the third degree; 712-1247 relating to promoting a detrimental drug in the first degree; 134-7 relating to ownership or possession of firearms or ammunition by persons convicted of certain crimes; 134-8 relating to ownership, etc., of prohibited weapons; 134-9 relating to permits to carry, or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a qualified (as defined in subsection (1)) or eligible (as defined in section 706-606.6(1)) prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows:
(a) [One prior] Special felony (as defined in section 706-606.6(1)) preceded by one eligible special felony conviction:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly one eligible special felony conviction--forty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly one eligible special felony conviction--thirty years;
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly one eligible special felony conviction--ten years.
(b) Special felony preceded by two eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly two eligible special felony convictions--thirty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly two eligible special felony convictions--fifteen years;
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly two eligible special felony convictions--five years.
(c) Special felony preceded by three or more eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--thirty years;
(ii) Where the instant conviction is for a special class B felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--fifteen years;
(iii) Where the instant conviction is for a special class C felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--five years.
(d) Murder in the second degree or class A, B, or C felony preceded by one qualified felony conviction:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree and is preceded by exactly one qualified felony conviction--[ten] fifteen years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(i) do not hold--six years, eight months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(ii) do not hold--three years, four months;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(iii) do not hold--one year, eight months;
[(b) Two prior] (e) Murder in the second degree or class A, B, or C felony preceded by two qualified felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree and is preceded by exactly two qualified felony convictions--[twenty] forty years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(i) do not hold--thirteen years, four months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(ii) do not hold--three years, four months;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(iii) do not hold--three years, four months;
[(c) Three] (f) Murder in the second degree or class A, B, or C felony preceded by three or more qualified prior felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree and is preceded by three or more qualified felony convictions--[thirty] forty years;
(ii) Where the instant conviction is for a class A felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(i) do not hold--twenty years;
(iii) Where the instant conviction is for a class B felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(ii) do not hold--ten years;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(iii) do not hold--five years.
[(2) Except as in subsection (3), a person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:
(a) Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the first degree or attempted murder in the first degree;
(b) Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the second degree or attempted murder in the second degree;
(c) Within twenty years after a prior felony conviction where the prior felony conviction was for a class A felony;
(d) Within ten years after a prior felony conviction where the prior felony conviction was for a class B felony;
(e) Within five years after a prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above;
(f) Within the maximum term of imprisonment possible after a prior felony conviction of another jurisdiction.
(3) If a person was sentenced for a prior felony conviction to a special term under section 706-667, then the person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:
(a) Within eight years after a prior felony conviction where the prior felony conviction was for a class A felony;
(b) Within five years after the prior felony conviction where the prior felony conviction was for a class B felony;
(c) Within four years after the prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above.
(4)](3) Notwithstanding any other law to the contrary, any person convicted of any of the following misdemeanor offenses:
(a) Section 707-712 relating to assault in the third degree;
(b) Section 707-717 relating to terroristic threatening in the second degree;
(c) Section 707-733 relating to sexual assault in the fourth degree;
(d) Section 708-822 relating to criminal property damage in the third degree;
(e) Section 708-832 relating to theft in the third degree; and
(f) Section 708-833.5(2) relating to misdemeanor shoplifting,
and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment. Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E.
[(5)](4) The sentencing court may impose the above sentences consecutive to any sentence imposed on the defendant for a prior conviction, but such sentence shall be imposed concurrent to the sentence imposed for the instant conviction. The court may impose a lesser mandatory minimum period of imprisonment without possibility of parole than that mandated by this section where the court finds that strong mitigating circumstances warrant such action. Strong mitigating circumstances shall include, but shall not be limited to the provisions of section 706-621. The court shall provide a written opinion stating its reasons for imposing the lesser sentence.
[(6)](5) A person who is imprisoned in a correctional institution pursuant to subsection (1) shall not be paroled prior to the expiration of the mandatory minimum term of imprisonment imposed pursuant to subsection (1).
[(7)](6) For purposes of this section:
(a) Convictions under two or more counts of an indictment or complaint shall be considered a single conviction without regard to when the convictions occur;
(b) A prior conviction in this or another jurisdiction shall be deemed a felony conviction if it was punishable by a sentence of death or of imprisonment in excess of one year; and
(c) A conviction occurs on the date judgment is entered."
SECTION 2. Section 706-606.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§706-606.6[]] Repeat violent and sexual offender; enhanced sentence. (1) In this section:
(a) "Special," with reference to a felony, class A felony, class B felony, or class C felony, means, respectively:
(i) belonging to the set of felony offenses in section 707-701.5, 707-702, 707-710, 707-711, 707-720, 707-730, 707-731, 707-732, 707-733.5, 707-750, 708-810, 708-820, or 708-840;
(ii) belonging to the subset of class A felonies in the set (namely, the felony offenses in section 707-720 (unless reduced to a class B felony pursuant to subsection (3) thereof), 707-730, 707-733.5, 707-750, or 708-840);
(iii) belonging to the subset of class B felonies in the set (namely, the felony offenses in section 707-702, 707-710, 707-720 (if reduced from a class A felony to a class B felony pursuant to subsection (3) thereof), 707-731, 708-810, or 708-820); or
(iv) belonging to the set of class C felonies in the set (namely, the felony offenses in section 707-711 or 707-732).
(b) "Eligible," with reference to a conviction for a prior special felony offense, means the conviction occurred within:
(i) twenty years before the date of the instant offense, if the prior offense is under section 707-701.5 or is a special class A felony;
(ii) ten years before the date of the instant offense, if the prior offense is a special class B felony; or
(iii) five years before the date of the instant offense, if the prior offense is a special class C felony.
(c) "Eligible," with reference to a conviction for a prior offense under federal law or the laws of another state, which offense is comparable to a special felony offense, means the conviction occurred within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense under the appropriate jurisdiction.
[(1)](2) Notwithstanding any other provision of law to the contrary, any person who is convicted of [an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.5, 707-750, or 708-840, after having been convicted on] a special felony offense and has at least three prior and separate [occasions of an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.5, 707-750, or 708-840, or of an offense] eligible convictions of:
(a) special felonies; or
(b) offenses under federal law or the laws of another state that [is] are comparable to [an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.5, 707-750, or 708-840] special felonies,
shall be sentenced to an extended term of imprisonment as provided in section 706-661.
[(2) A conviction shall not be considered a prior offense unless the conviction occurred within the following time periods:
(a) For an offense under section 707-701.5, 707-702, 707-730, 707-733.5, 707-750, or 708-840, within the past twenty years from the date of the instant offense;
(b) For an offense under section 707-710 or 707-731, within the past ten years from the date of the instant offense;
(c) For an offense under section 707-711 or 707-732, within the past five years from the date of the instant offense; or
(d) For an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.5, 707-750, or 708-840, within the maximum term of imprisonment possible under the appropriate jurisdiction.]"
SECTION 3. Section 706-661, Hawaii Revised Statutes, is amended to read as follows:
"§706-661 Sentence of imprisonment for special felony; extended terms. (1) In the cases designated in section 706-662, a person who has been convicted of a special felony (as defined in section 706-606.6(1)) may be sentenced to an extended indeterminate term of imprisonment. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:
[(1)](a) For murder in the second degree--life without the possibility of parole;
[(2)](b) For a class A felony--indeterminate life term of imprisonment;
[(3)](c) For a class B felony--indeterminate [twenty-year] forty-year term of imprisonment; and
[(4)](d) For a class C felony--indeterminate [ten-year] fifteen-year term of imprisonment.
(2) The minimum length of imprisonment for [[paragraphs] (2), (3), and (4)] subsection (1)(a)-(d) shall be [determined by the Hawaii paroling authority in accordance with section 706-669.] as set forth in section 706-606.5."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |