REPORT TITLE:
Sentencing; violent offenders.


DESCRIPTION:
Mandates extended term sentences for repeat violent and sexual
offenders.  (HB1497 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1497
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SENTENCING.



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

 1      SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "706-     Repeat violent and sexual offender; enhanced
 
 5 sentence.  (1)  Notwithstanding any other provision of law to the
 
 6 contrary, any person who is convicted of an offense under section
 
 7 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.5, 707-
 
 8 750, or 708-840, after having been convicted on at least three
 
 9 prior and separate occasions of an offense under section 707-
 
10 701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732,
 
11 707-733.5, 707-750, or 708-840, or of an offense under federal
 
12 law or the laws of another state that is comparable to an offense
 
13 under section 707-701.5, 707-702, 707-710, 707-711, 707-730,
 
14 707-731, 707-732, 707-733.5, 707-750, or 708-840, shall be
 
15 sentenced to an extended term of imprisonment as provided in
 
16 section 706-661.
 
17      (2)  A conviction shall not be considered a prior offense
 
18 unless the conviction occurred within the following time periods:
 

 
Page 2                                                     1497
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      (a)  For an offense under section 707-701.5, 707-702,
 
 2           707-730, 707-733.5, 707-750, or 708-840, within the
 
 3           past twenty years from the date of the instant offense;
 
 4      (b)  For an offense under section 707-710 or 707-731, within
 
 5           the past ten years from the date of the instant
 
 6           offense;
 
 7      (c)  For an offense under section 707-711 or 707-732, within
 
 8           the past five years from the date of the instant
 
 9           offense; or
 
10      (d)  For an offense under federal law or the laws of another
 
11           state that is comparable to an offense under section
 
12           707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731,
 
13           707-732, 707-733.5, 707-750, or 708-840, within the
 
14           maximum term of imprisonment possible under the
 
15           appropriate jurisdiction."
 
16      SECTION 2.  Section 706-661, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "706-661  Sentence of imprisonment for felony; extended
 
19 terms.  In the cases designated in section 706-662, a person who
 
20 has been convicted of a felony may be sentenced to an extended
 
21 indeterminate term of imprisonment.  When ordering such a
 
22 sentence, the court shall impose the maximum length of
 
23 imprisonment which shall be as follows: 
 

 
Page 3                                                     1497
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      (1)  For murder in the second degree--life without the
 
 2           possibility of parole;
 
 3     [(1)] (2)  For a class A felony--[life;] indeterminate life
 
 4           term of imprisonment; 
 
 5     [(2)] (3)  For a class B felony--[twenty years;]
 
 6           indeterminate twenty-year term of imprisonment; and 
 
 7     [(3)] (4)  For a class C felony--[ten years.] indeterminate
 
 8           ten-year term of imprisonment. 
 
 9      The minimum length of imprisonment for sections 2, 3, and 4
 
10 shall be determined by the Hawaii paroling authority in
 
11 accordance with section 706-669."
 
12      SECTION 3.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 4.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.