REPORT TITLE:
Crimes; Repeat offenders


DESCRIPTION:
Provides for a twenty-five-year frame within which a prior felony
convocation would qualify as a prior felony for repeat offender
sentencing.

 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO REPEAT OFFENDERS.



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

 1      SECTION 1.  Section 706-606.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "706-606.5  Sentencing of repeat offenders.(1)
 
 4 Notwithstanding section 706-669 and any other law to the
 
 5 contrary, any person convicted of murder in the second degree,
 
 6 any class A felony, any class B felony, or any of the following
 
 7 class C felonies:  section 707-703 relating to negligent homicide
 
 8 in the first degree; section 707-711 relating to assault in the
 
 9 second degree; section 707-713 relating to reckless endangering
 
10 in the first degree; section 707-716 relating to terroristic
 
11 threatening in the first degree; section 707-721 relating to
 
12 unlawful imprisonment in the first degree; section 707-732
 
13 relating to sexual assault or rape in the third degree; section
 
14 707-735 relating to sodomy in the third degree; section 707-736
 
15 relating to sexual abuse in the first degree; section 707-751
 
16 relating to promoting child abuse in the second degree; section
 
17 707-766 relating to extortion in the second degree; section 708-
 
18 811 relating to burglary in the second degree; section 708-821
 
19 relating to criminal property damage in the second degree;
 

 
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 1 section 708-831 relating to theft in the first degree as amended
 
 2 by Act 68, Session Laws of Hawaii 1981; section 708-831 relating
 
 3 to theft in the second degree; section 708-835.5 relating to
 
 4 theft of livestock; section 708-836 relating to unauthorized 
 
 5 control of propelled vehicle; section 708-852 relating to forgery
 
 6 in the second degree; section 708-854 relating to criminal
 
 7 possession of a forgery device; section 708-875 relating to
 
 8 trademark counterfeiting; section 710-1031 relating to
 
 9 intimidation of a correctional worker; section 710-1071 relating
 
10 to intimidating a witness; section 711-1103 relating to riot;
 
11 section 712-1203 relating to promoting prostitution in the second
 
12 degree; section 712-1221 relating to gambling in the first
 
13 degree; section 712-1224 relating to possession of gambling
 
14 records in the first degree; section 712-1243 relating to
 
15 promoting a dangerous drug in the third degree; section 712-1247
 
16 relating to promoting a detrimental drug in the first degree;
 
17 section 134-7 relating to ownership or possession of firearms or
 
18 ammunition by persons convicted of certain crimes; section 134-8
 
19 relating to ownership, etc., of prohibited weapons; section 134-9
 
20 relating to permits to carry, or who is convicted of attempting
 
21 to commit murder in the second degree, any class A felony, any
 
22 class B felony, or any of the class C felony offenses enumerated
 
23 above and who has a prior conviction or prior convictions for the
 

 
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 1 following felonies, including an attempt to commit the same:
 
 2 murder, murder in the first or second degree, a class A felony, a
 
 3 class B felony, any of the class C felony offenses enumerated
 
 4 above, or any felony conviction of another jurisdiction shall,
 
 5 subject to subsection (2), be sentenced to a mandatory minimum
 
 6 period of imprisonment without possibility of parole during such
 
 7 period as follows:
 
 8      (a)  One prior felony conviction:
 
 9           (i)  Where the instant conviction is for murder in the
 
10                second degree or attempted murder in the second
 
11                degree--ten years;
 
12          (ii)  Where the instant conviction is for a class A
 
13                felony--six years, eight months;
 
14         (iii)  Where the instant conviction is for a class B
 
15                felony--three years, four months;
 
16          (iv)  Where the instant conviction is for a class C
 
17                felony offense enumerated above--one year, eight
 
18                months;
 
19      (b)  Two prior felony convictions:
 
20           (i)  Where the instant conviction is for murder in the
 
21                second degree or attempted murder in the second
 
22                degree--twenty years;
 
23          (ii)  Where the instant conviction is for a class A
 

 
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 1                felony--thirteen years, four months;
 
 2         (iii)  Where the instant conviction is for a class B
 
 3                felony--six years, eight months;
 
 4          (iv)  Where the instant conviction is for a class C
 
 5                felony offense enumerated above--three years, four
 
 6                months;
 
 7      (c)  Three or more prior felony convictions:
 
 8           (i)  Where the instant conviction is for murder in the
 
 9                second degree or attempted murder in the second
 
10                degree--thirty years;
 
11          (ii)  Where the instant conviction is for a class A
 
12                felony--twenty years;
 
13         (iii)  Where the instant conviction is for a class B
 
14                felony--ten years;
 
15          (iv)  Where the instant conviction is for a class C
 
16                felony offense enumerated above--five years.
 
17       (2)  [Except as in subsection (3), a] A person shall not be
 
18 sentenced to a mandatory minimum period of imprisonment under
 
19 this section unless the instant felony offense was committed
 
20 [during such period as follows:
 
21      (a)  Within twenty years after a prior felony conviction
 
22           where the prior felony conviction was for murder in the
 
23           first degree or attempted murder in the first degree;
 

 
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 1      (b)  Within twenty years after a prior felony conviction
 
 2           where the prior felony conviction was for murder in the
 
 3           second degree or attempted murder in the second degree;
 
 4      (c)  Within twenty years after a prior felony conviction
 
 5           where the prior felony conviction was for a class A
 
 6           felony;
 
 7      (d)  Within ten years after a prior felony conviction where
 
 8           the prior felony conviction was for a class B felony;
 
 9      (e)  Within five years after a prior felony conviction where
 
10           the prior felony conviction was for a class C felony
 
11           offense enumerated above;
 
12      (f)  Within the maximum term of imprisonment possible after
 
13           a prior felony conviction of another jurisdiction.]
 
14 within twenty-five years after a prior felony conviction.
 
15      [(3)  If a person was sentenced for a prior felony
 
16 conviction to a special term under section 706-667, then the
 
17 person shall not be sentenced to a mandatory minimum period of
 
18 imprisonment under this section unless the instant felony offense
 
19 was committed during such period as follows:
 
20      (a)  Within eight years after a prior felony conviction
 
21           where the prior felony conviction was for a class A
 
22           felony;
 
23      (b)  Within five years after the prior felony conviction
 

 
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 1           where the prior felony conviction was for a class B
 
 2           felony;
 
 3      (c)  Within four years after the prior felony conviction
 
 4           where the prior felony conviction was for a class C
 
 5           felony offense enumerated above.
 
 6      (4)] (3)  The sentencing court may impose the above
 
 7 sentences consecutive to any sentence imposed on the defendant
 
 8 for a prior conviction, but such sentence shall be imposed
 
 9 concurrent to the sentence imposed for the instant conviction.
 
10 The court may impose a lesser mandatory minimum period of
 
11 imprisonment without possibility of parole than that mandated by
 
12 this section where the court finds that strong mitigating
 
13 circumstances warrant such action.  Strong mitigating
 
14 circumstances shall include, but shall not be limited to the
 
15 provisions of section 706-621.  The court shall provide a written
 
16 opinion stating its reasons for imposing the lesser sentence.
 
17      [(5)] (4)  A person who is imprisoned in a correctional
 
18 institution pursuant to subsection (1) shall not be paroled prior
 
19 to the expiration of the mandatory minimum term of imprisonment
 
20 imposed pursuant to subsection (1).
 
21      [(6)] (5)  For purposes of this section:
 
22      (a)  Convictions under two or more counts of an indictment
 
23           or complaint shall be considered a single conviction
 

 
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 1           without regard to when the convictions occur;
 
 2      (b)  A prior conviction in this or another jurisdiction
 
 3           shall be deemed a felony conviction if it was
 
 4           punishable by a sentence of death or of imprisonment in
 
 5           excess of one year;
 
 6      (c)  A conviction occurs on the date judgment is entered."
 
 7       SECTION 2.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 3.  This Act shall take effect upon its approval. 
 
10 
 
11                           INTRODUCED BY:  _______________________
 

 
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