REPORT TITLE:
Tourism, Crime, Prison


DESCRIPTION:
Requires any defendant convicted of a crime against a non-
resident to serve mandatory jail time.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           14
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIMES AGAINST NONRESIDENTS.



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

 1      SECTION 1.  The legislature finds that many criminals in the
 
 2 State make a special point of targeting visiting nonresidents as
 
 3 victims, on the basis that nonresidents are less likely to be
 
 4 able to recognize them and less likely to return to Hawai`i to
 
 5 assist in the prosecution of the criminals.  This is a
 
 6 contemptible attitude that not only violates the Aloha Spirit but
 
 7 alienates visitors to our State, thus threatening one of the main
 
 8 components of our economy.  Because cases involving non-residents
 
 9 are more difficult to prosecute after the non-residents return
 
10 home, non-residents are potentially more vulnerable as crime
 
11 victims than are residents.  The State must take steps to ensure
 
12 that non-residents are no more vulnerable to crime than any other
 
13 group of people.
 
14      The legislature believes that criminal offenders would be
 
15 less likely to prey on nonresidents if they knew that, upon
 
16 conviction, they would have to serve a mandatory prison term.
 
17 Currently, many offenders do not serve time, especially when
 
18 convicted of property crimes.  The legislature notes that the
 
19 intent of this Act is not to treat nonresidents as more important
 

 
Page 2                                                     
                                     S.B. NO.           14
                                                        
                                                        

 
 1 than residents, but to make them less easy targets.  The
 
 2 legislature finds that residents also will benefit from this
 
 3 provision in that, to the extent that criminal offenders are
 
 4 incarcerated, they also will be prevented from committing crimes
 
 5 against residents.  Based on these grounds, the legislature
 
 6 further finds that this Act is necessary to protect the health,
 
 7 safety, and welfare of the people of Hawai`i.
 
 8      Accordingly, the purpose of this Act is to impose a
 
 9 mandatory jail sentence for anyone convicted of a crime against a
 
10 non-resident.
 
11      SECTION 2.  Section 706-659, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]706-659]]  Sentence of imprisonment for class A felony.
 
14 Notwithstanding:  part II; sections 706-605, 706-606, 706-606.5,
 
15 706-660.1, 706-661, and 706-662; and any other law to the
 
16 contrary, a person who has been convicted of a class A felony,
 
17 except class A felonies defined in chapter 712, part IV, shall be
 
18 sentenced to an indeterminate term of imprisonment of twenty
 
19 years without the possibility of suspension of sentence or
 
20 probation.  The minimum length of imprisonment shall be
 
21 determined by the Hawaii paroling authority in accordance with
 
22 section 706-669[.]; provided that the court shall impose a
 

 
 
 
Page 3                                                     
                                     S.B. NO.           14
                                                        
                                                        

 
 1 mandatory minimum term of imprisonment, without possibility of
 
 2 parole or probation, for any crime in which the victim is not a
 
 3 state resident.  A person who has been convicted of a class A
 
 4 felony defined in chapter 712, part IV, may be sentenced to an
 
 5 indeterminate term of imprisonment, except as provided for in
 
 6 section 706-660.1, relating to the use of firearms in certain
 
 7 felony offenses, and section 706-606.5, relating to repeat
 
 8 offenders.  When ordering such a sentence, the court shall impose
 
 9 the maximum length of imprisonment which shall be twenty years.
 
10 The minimum length of imprisonment shall be determined by the
 
11 Hawaii paroling authority in accordance with section 706-669[.];
 
12 provided that the court shall impose a mandatory minimum term of
 
13 imprisonment, without possibility of parole or probation, for any
 
14 crime in which the victim is not a state resident."
 
15      SECTION 3.  Section 706-660, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "706-660  Sentence of imprisonment for class B and C
 
18 felonies; ordinary terms.  A person who has been convicted of a
 
19 class B or class C felony may be sentenced to an indeterminate
 
20 term of imprisonment, except as provided for in section
 
21 706-660.1, relating to the use of firearms in certain felony
 
22 offenses, and section 706-606.5, relating to repeat offenders.
 

 
 
 
Page 4                                                     
                                     S.B. NO.           14
                                                        
                                                        

 
 1 When ordering such a sentence, the court shall impose the maximum
 
 2 length of imprisonment, which shall be as follows:
 
 3      (1)  For a class B felony--10 years; and
 
 4      (2)  For a class C felony--5 years.
 
 5 The minimum length of imprisonment shall be determined by the
 
 6 Hawaii paroling authority in accordance with section 706-669[.];
 
 7 provided that the court shall impose a mandatory minimum term of
 
 8 imprisonment, without possibility of parole or probation, for any
 
 9 crime in which the victim is not a state resident."
 
10      SECTION 4.  Section 706-663, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "706-663  Sentence of imprisonment for misdemeanor and
 
13 petty misdemeanor.  After consideration of the factors set forth
 
14 in sections 706-606 and 706-621, the court may sentence a person
 
15 who has been convicted of a misdemeanor or a petty misdemeanor to
 
16 imprisonment for a definite term to be fixed by the court and not
 
17 to exceed one year in the case of a misdemeanor or thirty days in
 
18 the case of a petty misdemeanor[.]; provided that the court shall
 
19 impose a mandatory minimum term of imprisonment, without
 
20 possibility of probation, for any crime in which the victim is
 
21 not a state resident."
 
22      SECTION 5.  This Act does not affect rights and duties that
 

 
 
 
Page 5                                                     
                                     S.B. NO.           14
                                                        
                                                        

 
 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun before its effective date.
 
 3      SECTION 6.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 7.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:_________________________