CONFERENCE COMMITTEE REP. NO. 42-14

Honolulu, Hawaii

                 , 2014

RE:    H.B. No. 2205

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2205, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to deter property crime in Hawaii by:

     (1)  Providing that for a conviction of habitual property crime, the sentence must be either:

          (A)  A mandatory minimum term of imprisonment of one year; or

          (B)  A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; and

     (2)  Making conforming amendments to section 706-606.5, Hawaii Revised Statutes, thereby making sentencing of repeat offenders pursuant to that section inapplicable to the offenses of criminal property damage in the third degree, theft in the third degree, and misdemeanor shoplifting.

     Your Committee on Conference has amended this measure by:

     (1)  Deleting language amending section 706-606.5, Hawaii Revised Statutes, that would have made sentencing of repeat offenders pursuant to that section inapplicable to the offenses of criminal property damage in the third degree, theft in the third degree, and misdemeanor shoplifting; and

     (2)  Clarifying that for a person convicted of habitual property crime, the sentence will be:

          (A)  An indeterminate term of five years, with a minimum term of one year; or

          (B)  For a first conviction only, a term of probation of five years, with conditions to include but not be limited to one year of imprisonment.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2205, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2205, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

________________________________ CLAYTON HEE, Chair	____________________________ KARL RHOADS, Chair
________________________________ MAILE S.L. SHIMABUKURO, Co-Chair