Report Title:

Sentencing; Habitual Violent Offenders; Three Strikes

Description:

Repeals the law requiring habitual violent felons to be sentenced to prison for thirty years to life. 

THE SENATE	S.B. NO.	84
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SENTENCING.

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

     SECTION 1.  The purpose of this Act is to repeal the special sentencing of habitual violent felons, commonly known as the "three strikes" law, adopted by the legislature as Act 81 in 2006.  The legislature finds that Act 81 is overly broad, will lead to prison overcrowding and incur excessive costs for prisoner care and prison operation, and is superfluous in light of existing law which already provides for enhanced sentencing of repeat offenders.  It deprives courts of the discretion needed to formulate appropriate, individualized sentences.  Moreover, despite the claim by various law enforcement officials that its adoption was necessary to protect the public from dangerous criminals, the legislature finds that this law has not been used once since its passage.

     SECTION 2.  Act 81, Session Laws of Hawaii 2006, is repealed.

     SECTION 3.  This Act shall take effect upon its approval. 

INTRODUCED BY:

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