STAND. COM. REP. NO. 1941

Honolulu, Hawaii

RE: H.B. No. 159

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 159, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

The purpose and intent of this measure is to increase criminal penalties for:

(1) Anyone who knowingly keeps or maintains any structure or place for the purpose of using controlled substances or which is used for unlawfully keeping or selling controlled substances; and

(2) Knowingly profiting from, advancing, or participating in gambling.

Your Committee received testimony in opposition to this measure from the Office of the public Defender.

Your Committee finds that increasing penalties for landowners who allow tenants and others to conduct illegal activity on the landowners' property can help deter crime. This measure increases criminal penalties for such landowners as a deterrent against fostering or encouraging unlawful activities on the landowner's property. However, your Committee further finds that increasing penalties for the offense of gambling itself will not advance that policy goal.

Accordingly, your Committee has amended this measure by:

(1) Removing increased penalties for gambling and promoting gambling aboard ships; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 159, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 159, H.D. 1, S.D. 1.

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

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KARL RHOADS, Chair