Report Title:

Sentencing; Mandatory Minimum Term of Imprisonment

Description:

Imposes a mandatory minimum term of imprisonment for certain theft crimes committed against victims 60 years of age and older.

THE SENATE	S.B. NO.	1566
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SENTENCING.

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

     SECTION 1.  Section 706-660.2, Hawaii Revised Statutes, is amended to read as follows:

     "§706-660.2 Sentence of imprisonment for offenses against children, elder persons, or handicapped persons. (1)  Notwithstanding section 706-669, a person who, in the course of committing or attempting to commit a felony, causes the death or inflicts serious or substantial bodily injury upon a person who is[:

(1) Sixty] sixty years of age or older;

    [(2) Blind,] blind, a paraplegic, or a quadriplegic; or

    [(3) Eight] eight years of age or younger;

and such disability is known or reasonably should be known to the defendant, shall, if not subjected to an extended term of imprisonment pursuant to section 706-662, be sentenced to a mandatory minimum term of imprisonment without possibility of parole as follows:

    [(1)] (a)  For murder in the second degree--fifteen years;

    [(2)] (b)  For a class A felony--six years, eight months;

    [(3)] (c)  For a class B felony--three years, four months;

    [(4)] (d)  For a class C felony--one year, eight months.

(2)  Notwithstanding section 706-669, a person who commits or attempts to commit any of the following offenses:  section 708-830.5 relating to theft in the first degree; 708-831 relating to theft in the second degree; 708-839.6 relating to identity theft in the first degree; 708-839.7 relating to identity theft in the second degree; or 708-839.8 relating to identity theft in the third degree, upon a person who the defendant knows or reasonably should know is sixty years of age or older, shall, if not subjected to an extended term of imprisonment pursuant to section 706-662, be sentenced to a mandatory minimum term of imprisonment without possibility of parole as follows:

(a) For a class A felony--six years, eight months;

(b) For a class B felony--three years, four months; or

(c) For a class C felony—one year, eight months."

SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

     SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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