STAND. COM. REP. NO. 1224

Honolulu, Hawaii

RE:    H.B. No. 1328

       H.D. 2

       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 Commerce, Consumer Protection, and Affordable Housing, to which was referred H.B. No. 1328, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING OF REPEAT OFFENDERS,"

begs leave to report as follows:

     The purpose of this measure is to amend the sentencing of repeat offender provisions in the penal code to include insurance fraud offenses found in chapters 386, 431, 432, and 432D, Hawaii Revised Statutes (HRS).

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs and the Department of the Attorney General.

     Your Committee finds that the intent of this measure is to enhance criminal penalties for persons who commit insurance fraud by including felony insurance fraud as one of the felony violations that can increase the sentence of a repeat offender. 

     Specifically, this measure includes workers' compensation, private health insurance, motor vehicle insurance, mutual benefit societies, and health maintenance organization fraud penalty statutes among the list of felonies that triggers the enhanced sentencing of repeat offenders in section 706-606.5, HRS.

     Your Committee has amended this measure to make technical, nonsubstantive changes for the purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Affordable Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1328, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1328, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Affordable Housing,

____________________________

BRIAN T. TANIGUCHI, Chair