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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2647 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to driving under the influence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-702.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§707-702.5[]]
Negligent homicide in the first degree. (1) A person is guilty of the
offense of negligent homicide in the first degree if that person causes the
death of another person by the operation of a vehicle in a negligent manner
while under the influence of drugs or alcohol.
(2) Negligent homicide in the first degree is
a class B felony[.] for which the defendant shall be sentenced as
provided in subsection (3).
(3) Notwithstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary, a person convicted under this section shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of at least and not more than and a fine not to exceed $ ; provided that:
(a) If the person has one prior conviction under this section, the mandatory minimum term of imprisonment shall be at least and not more than ;
(b) If the person has two prior convictions under this section, the mandatory minimum term of imprisonment shall be at least and not more than ; and
(c) If the person has three or more prior convictions under this section, the mandatory minimum term of imprisonment shall be ten years."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Negligent Homicide; Driving Under the Influence; Mandatory Minimums
Description:
Establishes mandatory minimum prison terms and fines for negligent homicide caused by driving under the influence of drugs or alcohol.
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