THE SENATE	S.B. NO.	2939
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to crimes on agricultural lands.

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

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§706- Extended terms of imprisonment for offenses committed on agricultural lands. (1) The court shall sentence a person who commits a crime on agricultural land to an extended term of imprisonment if the person knew or reasonably should have known that the crime was committed on agricultural land.

(2) The extended term of imprisonment shall have a maximum length of imprisonment as follows:

(a) For murder in the second degree--life without the possibility of parole;

(b) For a class A felony--indeterminate life term of imprisonment;

(c) For a class B felony--indeterminate twenty-year term of imprisonment;

(d) For a class C felony--indeterminate ten-year term of imprisonment;

(e) For a misdemeanor--indeterminate two-year term of imprisonment; and

(f) For a petty misdemeanor--indeterminate sixty days of imprisonment.

(3) Notwithstanding section 706-669, the mandatory minimum term of imprisonment for an extended term sentence under subsection (1) shall be without the possibility of parole as follows:

(a) For murder in the second degree--fifteen years;

(b) For a class A felony--six years, eight months;

(c) For a class B felony--three years, four months;

(d) For a class C felony--one year, eight months;

(e) For a misdemeanor--sixty days; and

(f) For a petty misdemeanor--five days.

(4) For the purposes of this section:

"Agricultural lands" means any acreage of land used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Agricultural Lands; Crimes; Extended Terms of Imprisonment

Description:

Imposes extended terms of imprisonment for crimes committed on agricultural lands.

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