STAND. COM. REP. NO.  811

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 393

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 393, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this bill is to enhance the safety of Hawaii's roadways by:

     (1)  Requiring the courts to impose license revocation for              life for a driver convicted of manslaughter resulting              from the operation of a motor vehicle;

     (2)  Giving the courts discretion to impose license                 revocation for a period of five to ten years for any               driver convicted of negligent homicide in the first           degree;

     (3)  Giving the courts discretion to impose license                 revocation for a period of two to five years for any               driver convicted of negligent homicide in the second               degree; and

     (4)  Allowing up to two years of imprisonment when a                    convicted defendant is sentenced to probation for              manslaughter.

     Maui Police Department and the County of Maui Department of the Prosecuting Attorney testified in support of this bill.  The Office of the Public Defender testified in opposition to this measure.

     Upon consideration, your Committee has amended this bill by:

     (1)  Giving courts discretion to impose license revocation              for:

          (a)  A period up to ten years for any driver convicted              of manslaughter resulting from operating a motor                   vehicle; and

          (b)  A period up to five years for any driver convicted             of negligent homicide in the first degree or                   negligent homicide in the second degree;

     (2)  Clarifying that probation is an applicable sentence for        manslaughter; and

     (3)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 393, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 393, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair