Report Title:
Minimum penalties for repeat violent or sexual offenders
Description:
Establishes minimum penalties for repeat violent or sexual offenders higher than existing minimum penalties for repeat offenders in general.
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THE SENATE |
S.B. NO. |
1901 |
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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 penalties imposed on repeat violent or sexual offenders.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended to read as follows:
"§706-606.5 Sentencing of repeat offenders. (1) In this section, "qualified," with reference to a conviction for a prior felony offense, means:
(a) if the person convicted was not sentenced to a special term under section 706-667, the conviction occurred within:
(i) twenty years before the date of the instant offense, if the prior offense is murder in the first degree, attempted murder in the first degree, murder in the second degree, attempted murder in the second degree, or a class A felony;
(ii) ten years before the date of the instant offense, if the prior offense is a class B felony;
(iii) five years before the date of the instant offense, if the prior offense is a class C felony offense enumerated in subsection (2); or
(iv) within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense, if that offense is under federal law or the laws of another state; or
(b) if the person convicted was sentenced to a special term under section 706-667, the conviction occurred within:
(i) eight years before the date of the instant offense, if the prior offense is a class A felony;
(ii) five years before the date of the instant offense, if the prior offense is a class B felony; or
(iii) four years before the date of the instant offense, if the prior offense is a class C felony offense enumerated above.
[(1)](2) Notwithstanding section
706-669 and any other law to the contrary, any person convicted of murder in
the second degree, any class A felony, any class B felony, or any of the
following class C felonies: section 188-23 relating to possession or use of
explosives, electrofishing devices, and poisonous substances in state waters;
section 707-703 relating to negligent homicide in the second degree; section
707-711 relating to assault in the second degree; section 707-713 relating to
reckless endangering in the first degree; section 707-716 relating to
terroristic threatening in the first degree; section 707-721 relating to
unlawful imprisonment in the first degree; [section 707-732 relating to
sexual assault or rape in the third degree;]; section 707-752 relating to
promoting child abuse in the third degree; section 707-766 relating to extortion
in the second degree; section 708-811 relating to burglary in the second
degree; section 708-821 relating to criminal property damage in the second
degree; section 708-831 relating to theft in the first degree as amended by Act
68, Session Laws of Hawaii 1981; section 708-831 relating to theft in the
second degree; section 708-835.5 relating to theft of livestock; section
708-836 relating to unauthorized control of propelled vehicle; section 708-852
relating to forgery in the second degree; section 708-854 relating to criminal
possession of a forgery device; section 708-875 relating to trademark
counterfeiting; section 710-1071 relating to intimidating a witness; section
711-1103 relating to riot; section 712-1203 relating to promoting prostitution
in the second degree; section 712-1221 relating to gambling in the first
degree; section 712-1224 relating to possession of gambling records in the
first degree; section 712-1243 relating to promoting a dangerous drug in the
third degree; section 712-1247 relating to promoting a detrimental drug in the
first degree; section 134-7 relating to ownership or possession of firearms or
ammunition by persons convicted of certain crimes; section 134-8 relating to
ownership, etc., of prohibited weapons; section 134-9 relating to permits to
carry, or who is convicted of attempting to commit murder in the second degree,
any class A felony, any class B felony, or any of the class C felony offenses
enumerated above and who has a qualified (as defined in subsection (1)) or eligible
(as defined in section 706-606.6(1)) prior conviction or prior convictions
for the following felonies, including an attempt to commit the same: murder,
murder in the first or second degree, a class A felony, a class B felony, any
of the class C felony offenses enumerated above, or any felony conviction of
another jurisdiction shall be sentenced to a mandatory minimum period of
imprisonment without possibility of parole during such period as follows:
(a) [One prior] Special felony (as defined
in section 706-606.6(1)) preceded by one eligible special felony conviction:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly one eligible special felony conviction--forty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly one eligible special felony conviction--thirty years;
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly one eligible special felony conviction--ten years.
(b) Special felony preceded by two eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly two eligible special felony convictions--thirty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly two eligible special felony convictions--fifteen years;
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly two eligible special felony convictions--five years.
(c) Special felony preceded by three or more eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--thirty years;
(ii) Where the instant conviction is for a special class B felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--fifteen years;
(iii) Where the instant conviction is for a special class C felony, is preceded by three or more eligible special felony convictions, and section 706‑661 applies--five years.
(d) Murder in the second degree or class A, B, or C felony preceded by one qualified felony conviction:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by exactly one qualified felony conviction--[ten] fifteen
years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(i) do not hold--six years, eight months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(ii) do not hold--three years, four months;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(iii) do not hold--one year, eight months;
[(b) Two prior] (e) Murder in
the second degree or class A, B, or C felony preceded by two qualified
felony convictions:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by exactly two qualified felony convictions--[twenty] forty
years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(i) do not hold--thirteen years, four months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(ii) do not hold--three years, four months;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(iii) do not hold--three years, four months;
[(c) Three] (f) Murder in the
second degree or class A, B, or C felony preceded by three or more qualified
prior felony convictions:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by three or more qualified felony convictions--[thirty] forty
years;
(ii) Where the instant conviction is for a class A felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(i) do not hold--twenty years;
(iii) Where the instant conviction is for a class B felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(ii) do not hold--ten years;
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(iii) do not hold--five years.
[(2) Except as in subsection (3), a person
shall not be sentenced to a mandatory minimum period of imprisonment under this
section unless the instant felony offense was committed during such period as
follows:
(a) Within twenty years after a prior
felony conviction where the prior felony conviction was for murder in the first
degree or attempted murder in the first degree;
(b) Within twenty years after a prior
felony conviction where the prior felony conviction was for murder in the
second degree or attempted murder in the second degree;
(c) Within twenty years after a prior
felony conviction where the prior felony conviction was for a class A felony;
(d) Within ten years after a prior felony
conviction where the prior felony conviction was for a class B felony;
(e) Within five years after a prior felony
conviction where the prior felony conviction was for a class C felony offense
enumerated above;
(f) Within the maximum term of imprisonment
possible after a prior felony conviction of another jurisdiction.
(3) If a person was sentenced for a
prior felony conviction to a special term under section 706-667, then the
person shall not be sentenced to a mandatory minimum period of imprisonment under
this section unless the instant felony offense was committed during such period
as follows:
(a) Within eight years after a prior felony
conviction where the prior felony conviction was for a class A felony;
(b) Within five years after the prior felony
conviction where the prior felony conviction was for a class B felony;
(c) Within four years after the prior
felony conviction where the prior felony conviction was for a class C felony
offense enumerated above.
(4)](3) Notwithstanding any other
law to the contrary, any person convicted of any of the following misdemeanor
offenses:
(a) Section 707-712 relating to assault in the third degree;
(b) Section 707-717 relating to terroristic threatening in the second degree;
(c) Section 707-733 relating to sexual assault in the fourth degree;
(d) Section 708-822 relating to criminal property damage in the third degree;
(e) Section 708-832 relating to theft in the third degree; and
(f) Section 708-833.5(2) relating to misdemeanor shoplifting,
and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment. Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E.
[(5)](4) The sentencing court may
impose the above sentences consecutive to any sentence imposed on the defendant
for a prior conviction, but such sentence shall be imposed concurrent to the
sentence imposed for the instant conviction. The court may impose a lesser
mandatory minimum period of imprisonment without possibility of parole than
that mandated by this section where the court finds that strong mitigating
circumstances warrant such action. Strong mitigating circumstances shall
include, but shall not be limited to the provisions of section 706-621. The
court shall provide a written opinion stating its reasons for imposing the
lesser sentence.
[(6)](5) A person who is
imprisoned in a correctional institution pursuant to subsection (1) shall not
be paroled prior to the expiration of the mandatory minimum term of
imprisonment imposed pursuant to subsection (1).
[(7)](6) For purposes of this
section:
(a) Convictions under two or more counts of an indictment or complaint shall be considered a single conviction without regard to when the convictions occur;
(b) A prior conviction in this or another jurisdiction shall be deemed a felony conviction if it was punishable by a sentence of death or of imprisonment in excess of one year; and
(c) A conviction occurs on the date judgment is entered."
SECTION 2. Section 706-606.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§706-606.6[]]
Repeat violent and sexual offender; enhanced sentence. (1) In this
section:
(a) "Special," with reference to a felony, class A felony, class B felony, or class C felony, means, respectively:
(i) belonging to the set of felony offenses in section 707‑701.5, 707-702, 707-710, 707-711, 707-720, 707‑730, 707-731, 707-732, 707-733.5, 707-750, 708‑810, 708-820, or 708-840;
(ii) belonging to the subset of class A felonies in the set (namely, the felony offenses in section 707-720 (unless reduced to a class B felony pursuant to subsection (3) thereof), 707-730, 707-733.5, 707‑750, or 708-840);
(iii) belonging to the subset of class B felonies in the set (namely, the felony offenses in section 707-702, 707-710, 707-720 (if reduced from a class A felony to a class B felony pursuant to subsection (3) thereof), 707-731, 708-810, or 708-820); or
(iv) belonging to the set of class C felonies in the set (namely, the felony offenses in section 707-711 or 707‑732).
(b) "Eligible," with reference to a conviction for a prior special felony offense, means the conviction occurred within:
(i) twenty years before the date of the instant offense, if the prior offense is under section 707-701.5 or is a special class A felony;
(ii) ten years before the date of the instant offense, if the prior offense is a special class B felony; or
(iii) five years before the date of the instant offense, if the prior offense is a special class C felony.
(c) "Eligible," with reference to a conviction for a prior offense under federal law or the laws of another state, which offense is comparable to a special felony offense, means the conviction occurred within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense under the appropriate jurisdiction.
[(1)](2) Notwithstanding any
other provision of law to the contrary, any person who is convicted of [an
offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.5,
707-750, or 708-840, after having been convicted on] a special felony
offense and has at least three prior and separate [occasions of an
offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731,
707-732, 707-733.5, 707-750, or 708-840, or of an offense] eligible
convictions of:
(a) special felonies; or
(b) offenses
under federal law or the laws of another state that [is] are
comparable to [an offense under section 707-701.5, 707-702, 707-710,
707-711, 707-730, 707-731, 707-732, 707-733.5, 707-750, or 708-840] special
felonies,
shall be sentenced to an extended term of imprisonment as provided in section 706-661.
[(2) A conviction shall not be
considered a prior offense unless the conviction occurred within the following
time periods:
(a) For an offense under section 707-701.5,
707-702, 707-730, 707-733.5, 707-750, or 708-840, within the past twenty years
from the date of the instant offense;
(b) For an offense under section 707-710 or
707-731, within the past ten years from the date of the instant offense;
(c) For an offense under section 707-711 or
707-732, within the past five years from the date of the instant offense; or
(d) For an offense under federal law or the
laws of another state that is comparable to an offense under section 707-701.5,
707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.5, 707-750, or
708-840, within the maximum term of imprisonment possible under the appropriate
jurisdiction.]"
SECTION 3. Section 706-661, Hawaii Revised Statutes, is amended to read as follows:
"§706-661 Sentence of imprisonment for special felony; extended terms. (1) In the cases designated in section 706‑662, a person who has been convicted of a special felony (as defined in section 706-606.6(1)) may be sentenced to an extended indeterminate term of imprisonment. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:
[(1)](a) For
murder in the second degree--life without the possibility of parole;
[(2)](b)
For a class A felony--indeterminate life term of imprisonment;
[(3)](c)
For a class B felony--indeterminate [twenty-year] forty-year term
of imprisonment; and
[(4)](d)
For a class C felony--indeterminate [ten-year] fifteen-year term
of imprisonment.
(2) The minimum length of imprisonment
for [[paragraphs] (2), (3), and (4)] subsection (1)(a)-(d) shall
be [determined by the Hawaii paroling authority in accordance with section
706-669.] as set forth in section 706-606.5."
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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