HOUSE OF REPRESENTATIVES	H.B. NO.	1681
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to the penal code.

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

SECTION 1. The legislature notes that Act 1, Second Special Session of 2007, amended the State's extended sentencing statutes to ensure that the procedures used to impose extended terms of imprisonment comply with the requirements of the United States Supreme Court and the Hawaii supreme court. Among other things, Act 1 required the prosecution to notify a defendant within thirty days of the defendant's arraignment of its intent to seek an extended term of imprisonment under section 706-662, Hawaii Revised Statutes. The year after, the Hawaii supreme court's decision in State v. Jess, 117 Hawaii 381, 184 P.3d 133 (2008) created a new requirement that "a charging instrument, be it an indictment, complaint, or information, must include all 'allegations, which if proved, would result in the application of a statute enhancing the penalty of the crime committed.'" Under Jess, a defendant's eligibility for an extended term of imprisonment is a penalty enhancer that must be alleged in the charging instrument. The legislature finds that the co-existence of these two duplicative notice requirements has created confusion in the circuit courts: in at least one instance, a court interpreted section 706-664(2), Hawaii Revised Statutes, as requiring notice separate from that already provided in the charging instrument. In that case, the court ultimately denied the prosecution a hearing on whether to impose an extended term of imprisonment, because a separate notice of intent was not given to the defendant within thirty days of the defendant's arraignment. The legislature further finds that government resources would be conserved by eliminating the need for county prosecutor offices to provide notice of its intent to seek an extended term of imprisonment twice in a single prosecution.

The purpose of this Act is to maximize efficient use of government resources while upholding the rights of criminal defendants by specifying that a charging instrument containing the applicable criteria under section 706-662, Hawaii Revised Statutes, for an extended term of imprisonment is sufficient to fulfill the notice requirement of section 706-664(2), Hawaii Revised Statutes.

SECTION 2. Section 706-664, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Notice of intention to seek an extended term of imprisonment under section 706-662 shall be given to the defendant within thirty days of the defendant's arraignment. A charging instrument containing the applicable criteria under section 706-662 for an extended term of imprisonment shall constitute sufficient notice under this subsection. However, the thirty-day period may be waived by the defendant, modified by stipulation of the parties, or extended upon a showing of good cause by the prosecutor. A defendant previously sentenced to an extended term under a prior version of this chapter shall be deemed to have received notice of an intention to seek an extended term of imprisonment."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Penal Code; Sentencing; Imprisonment; Extended Term; Notice

Description:

Specifies that a charging instrument containing the applicable criteria under section 706-662, HRS, for an extended term of imprisonment is sufficient to fulfill the notice requirement of section 706-664(2), HRS.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.