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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1752 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REPEAT OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) Notwithstanding section 706-669 and
any other law to the contrary, any person convicted of murder in the second
degree, any of the following class A [felony,] felonies: section
707-702 relating to manslaughter; section 707-720(2) relating to kidnapping;
section 707-730 relating to sexual assault in the first degree; section
707-733.6 relating to continuous sexual assault of a minor under the age of
fourteen years; section 707-750 relating to promoting child abuse in the first
degree; section 708-839.6 relating to identity theft in the first degree;
section 708-840 relating to robbery in the first degree; or section 708-8251
relating arson in the first degree; any of the following class B [felony,]
felonies: section 707-702.5 relating to negligent homicide in the first
degree; section 707-710 relating to assault in the first degree; section 707-712.7
relating to assault against an emergency worker; section 707-720(3) relating to
kidnapping; section 707-731 relating to sexual assault in the second degree; section
707-751 relating to promoting child abuse in the second degree; section 707-756
relating to electronic enticement of a child in the first degree; section
707-765 relating to extortion in the first degree; section 708-810 relating to
burglary in the first degree; section 708-820 relating to criminal property
damage in the first degree; section 708-830.5 relating to theft in the first
degree; section 708-839.7 relating to identity theft in the second degree;
section 708-841 relating to robbery in the second degree; section 708-851
relating to forgery in the first degree; section 708-891 relating to computer
fraud in the first degree; section 708-895.5 relating to unauthorized computer
access in the first degree; section 708-8252 relating to arson in the second
degree; section 708A-3 relating to money laundering; section 710-1031 relating
to intimidating a correctional worker; section 710-1040 relating to bribery; section
710-1074 relating to intimidating a juror; or section 712-1202 relating to
promoting prostitution in the first degree; 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
386-98(d)(1) relating to fraud violations and penalties; section
431:10A-131(b)(2) relating to insurance fraud; section 431:10C-307.7(b)(2)
relating to insurance fraud; section 432:1-106(b)(2) relating to insurance fraud;
section 432D-18.5(b)(2) relating to insurance fraud;] 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 707-757 relating to electronic enticement of
a child in the second 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 708-839.8 relating to
identity theft in the third degree; section 708-839.55 relating to unauthorized
possession of confidential personal information; [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 708-892 relating to computer fraud in the
second degree; 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 846E-9 relating to failure to comply with covered
offender registration requirements; 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 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,] or who is convicted of
attempting to commit any of the felony offenses enumerated above, and, who has
a prior conviction from any of the enumerated felonies above, including the
attempt to commit the same, shall be sentenced to a mandatory minimum
period of imprisonment without possibility of parole during such period as
follows:
(a) One prior felony conviction:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;
(ii) Where the instant conviction is for a class A felony--six years, eight months;
(iii) Where the instant conviction is for a class B felony--three years, four months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;
(b) Two prior felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--twenty years;
(ii) Where the instant conviction is for a class A felony--thirteen years, four months;
(iii) Where the instant conviction is for a class B felony--six years, eight months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--three years, four months;
(c) Three or more prior felony convictions:
(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;
(ii) Where the instant conviction is for a class A felony--twenty years;
(iii) Where the instant conviction is for a class B felony--ten years; and
(iv) Where the instant conviction is for a class C felony offense enumerated above--five years."
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.
Report Title:
Crimes; Repeat Offenders
Description:
Excludes non-violent offenders from the repeat offenders statute requiring mandatory minimum prison terms. (HB1752 HD1)