STAND. COM. REP. NO. 766

Honolulu, Hawaii

, 2005

RE: H.B. No. 877

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 877, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

The purpose of this bill is to separate the multiple offenses of varying severity relating to firearms and ammunition to assist in accurate recordkeeping and setting of bail.

The City and County of Honolulu Department of the Prosecuting Attorney, Honolulu Police Department, and County of Kauai Office of the Prosecuting Attorney supported this measure.

Your Committee has amended this bill by:

(1) Replacing reference to the class A felony of carrying or use of firearm in the commission of a separate felony, with reference to the class C felony of unlawfully carrying or possessing an unloaded firearm other than a pistol or revolver, within the list of class C felonies for which criminal charges may be instituted by written information under section 806-83(a), Hawaii Revised Statutes (HRS);

(2) Adding the class B felonies of unlawfully carrying or possessing:

(A) A loaded firearm other than a pistol or revolver;

(B) A loaded or unloaded pistol or revolver; and

(C) A loaded firearm on a public highway;

to the list of class B felonies for which criminal charges may be instituted by written information under section 806-83(b), HRS; and

(3) Making technical, nonsubstantive amendments for clarity and style.

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 H.B. No. 877, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 877, H.D. 2, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair