STAND. COM. REP. NO. 976

Honolulu, Hawaii

RE:    S.B. No. 1414

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1414, S.D. 1, 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 enhance the criminal penalties associated with individuals who commit insurance fraud by including felony insurance fraud as one of the felony violations that can increase the sentences of repeat felony offenders.

     Your Committee received testimony in support of the bill from the Insurance Commissioner and the Attorney General's Office.  The Public Defender opposed the bill.

     Your Committee finds that while insurance is often perceived as a non-violent and victimless crime, the ramifications of insurance fraud affect everyone through higher insurance premiums.

     Your Committee amended the bill by inserting "(b)(2)" after 432:1-106 on page 3, line 17 of the bill, to clarify that the enhanced sentencing provided under this measure only pertains to the class C felony identified in that section of law.  Your Committee also changed the effective date of the bill to July 1, 2059.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1414, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1414, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair