STAND. COM. REP. NO. 1608

Honolulu, Hawaii

RE:    H.B. No. 1152

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1152, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

     The purpose of this measure is to conform Hawaii's extended term sentencing law to address the constitutional issues raised in federal court cases as to its permissible parameters.

     Your Committee received testimony in support of the bill from the Attorney General's Office and the Honolulu Prosecutor's Office.  The Public Defender's Office provided comments on the bill.

     Recent federal court cases have held that any fact, other than prior convictions, that increases the penalty for a crime beyond the ordinary statutory maximum, must be submitted to a jury and proved beyond a reasonable doubt.  This measure imposes the proof "beyond a reasonable doubt" standard as determined by a jury in order to conform to these recent federal court rulings.

     Your Committee amended the bill by deleting references to the term "poses" since it was a vague standard in determining dangerousness.  Your Committee also amended the bill by changing the effective date from January 1, 2112 to July 1, 2007.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1152, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1152, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair