Report Title:
Controlled Substance; Child
Description:
Increases the penalties for intent to manufacture a controlled substance with knowledge that a child is present in the structure where the offense occurs.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1149 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DRUGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-65, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Any manufacturer, wholesaler,
retailer, or other person who possesses any of the substances listed in section
329-61 with the intent to unlawfully manufacture any controlled substance shall
be fined not more than $100,000, or imprisoned not more than ten years, or both[.];
provided that any person convicted of
possessing any substance regulated under section 329-61 with the intent to
unlawfully manufacture a controlled substance knowing that a child under the
age of sixteen is present in the structure where the offense occurs shall be
sentenced pursuant to section 712-1240.5(1) and provided further that any
person convicted of possessing any substance regulated under section 329-61
with the intent to unlawfully manufacture a controlled substance knowing that a
child under the age of eighteen is present in the structure where the offense
occurs and causes the child to suffer serious or substantial bodily injury as
defined in section 707-700 shall be sentenced pursuant to section 712-1240.5(2)."
SECTION 2. Section 712-1240.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1240.5[]]
Manufacturing a controlled substance or possessing a precursor chemical with a
child present. (1) Except as provided in subsection (2), any person
convicted of manufacturing a controlled substance in violation of this chapter[,]
or convicted of possessing any substance regulated under section 329-61 with
the intent to unlawfully manufacture a controlled substance, and who
commits the offense knowing that a child under the age of sixteen is present in
the structure where the offense occurs, shall be sentenced to a term of two
years imprisonment to run consecutively [to]:
(a) To the maximum indeterminate
term of imprisonment for the conviction of any offense involving the
manufacturing of a controlled substance[.]; or
(b) To the maximum indeterminate term of imprisonment imposed pursuant to section 329-65(d) for the possession of a regulated substance with the intent to unlawfully manufacture a controlled substance.
(2) Any person convicted of manufacturing a
controlled substance in violation of this chapter[,] or convicted of
possessing any substance regulated under section 329-61 with the intent to
unlawfully manufacture a controlled substance, and who commits the offense
knowing that a child under the age of eighteen is present in the structure
where the offense occurs and causes the child to suffer serious or substantial
bodily injury as defined in section 707-700, shall be sentenced to a term of
five years imprisonment to run consecutively [to]:
(a) To the maximum indeterminate
term of imprisonment for the conviction of any offense involving the
manufacturing of a controlled substance[.];
(b) To the maximum indeterminate term of imprisonment imposed pursuant to section 329-65(d) for the possession of a regulated substance with the intent to unlawfully manufacture a controlled substance.
(3) As used in this section, "structure" means any house, apartment building, shop, warehouse, building, vessel, cargo container, motor vehicle, tent, recreational vehicle, trailer, or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
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.
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INTRODUCED BY: |
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