REPORT TITLE:
Habit. Violent Off., Sent.


DESCRIPTION:
Requires mandatory life imprisonment, without possibility of
parole or other release, for habitual violent offenders.  Defines
terms.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           584
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HABITUAL VIOLENT OFFENDERS.



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

 1      SECTION 1.  The purpose of this Act is to require a
 
 2 mandatory life prison sentence without release, except by
 
 3 executive clemency, for the third conviction for a violent or
 
 4 serious felony including murder, manslaughter, sexual assault,
 
 5 armed robbery, aggravated assault, child abuse or molestation, or
 
 6 any other felony offense involving the use of a deadly weapon or
 
 7 dangerous instrument or the intentional or knowing infliction of
 
 8 serious physical injury.
 
 9      SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "706-     Habitual violent offenders; mandatory life
 
13 sentence.  (1)  As used in this section:
 
14      "Habitual violent offender" means a person who:
 
15      (a)  Is convicted in this State of any violent offense; and
 
16      (b)  Who, prior to the instant conviction, has twice
 
17           previously been convicted, whether in this State or
 
18           elsewhere, of committing felony offenses that under the
 
19           laws of this State would be considered violent
 

 
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 1           offenses.
 
 2      "Violent offense" means a violent or serious felony,
 
 3 including:
 
 4      (a)  Murder in the first degree or murder in the second
 
 5           degree;
 
 6      (b)  Manslaughter;
 
 7      (c)  Sexual assault under section 707-730, 707-731, or
 
 8           707-733.5;
 
 9      (d)  Robbery in the first degree;
 
10      (e)  Assault in the first degree or assault in the second
 
11           degree;
 
12      (f)  Promoting child abuse in the first degree; or
 
13      (g)  Any other felony offense involving the actual or
 
14           threatened use of a deadly weapon or dangerous
 
15           instrument or the intentional or knowing infliction of
 
16           serious physical injury upon a victim.
 
17      (2)  Notwithstanding any other provision of law, habitual
 
18 violent offenders shall be sentenced to life imprisonment without
 
19 possibility of parole or any other form of release from actual
 
20 confinement.
 
21      (3)  This section may be cited as the Habitual Violent
 
22 Offender Incarceration Act."
 
23      SECTION 3.  This Act does not affect rights and duties that
 

 
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                                     S.B. NO.           584
                                                        
                                                        

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