STAND. COM. REP. NO.  773

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1158

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1158 entitled:

"A BILL FOR AN ACT RELATING TO ARSON,"

begs leave to report as follows:

     The purpose of this bill is to amend sentencing provisions under Hawaii's arson law by:

(1)  Clarifying that special sentencing provisions for arson shall also be applicable to persons convicted of arson resulting in damage to more than 10,000 square feet of property; and

     (2)  Allowing recklessness to be used as a state of mind requirement for arson in the fourth degree.

     The Department of the Prosecuting Attorney of the City and County of Honolulu testified in support of this bill.  The Office of the Public Defender testified in opposition to this measure.

     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. 1158 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

TOMMY WATERS, Chair