Report Title:

Hawaii Penal Code; Multiple Sentence of Imprisonment

Description:

Requires that multiple terms of imprisonment run concurrently unless the court orders or the law mandates that the terms run consecutively.  Prospective application from 1/1/09.  Effective 7/1/2050. (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	3383
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HAWAII PENAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 706-668.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  If multiple terms of imprisonment are imposed on a defendant, whether at the same time[,] or at different times, or if a term of imprisonment is imposed on a defendant who is already subject to an unexpired term of imprisonment, the terms may run concurrently or consecutively.  Multiple terms of imprisonment [imposed at the same time] run concurrently unless the court orders or the statute mandates that the terms run consecutively.  [Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms run concurrently.]"

     SECTION 2.  This Act shall apply to all terms of imprisonment imposed on or after January 1, 2009.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2050.