STAND. COM. REP. NO.1466

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1118
                                     S.D. 1
                                     H.D. 1



Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 1118, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO HABITUAL CRIMINAL BEHAVIOR,"

begs leave to report as follows:

     The purpose of this bill is to create two new felony
offenses:

     (1)  Habitual criminal behavior against persons; and

     (2)  Habitual criminal behavior against property.

     Testimony in support of the measure was received from the
Attorney General, the Department of the Prosecuting Attorney of
the City and County of Honolulu, the Maui County Police
Department, the Hawaii County Police Department, and the Honolulu
Police Department.  Additional testimony was received from the
Affordable Housing and Homeless Alliance, the Office of the
Public Defender, and several members of the public.  

     Your Committee finds that there are many criminals who
repeatedly commit misdemeanor offenses.  These persons know that
under current law, if caught, the consequences of their conduct
will be relatively minor.  As such, there is currently no serious
deterrent to their repeated criminal behavior.  Your Committee
finds that a mandatory sentence will send a strong message that
repeated criminal behavior will not be tolerated.


 
 
                                 STAND. COM. REP. NO.1466
                                 Page 2

 
     Your Committee has amended this bill by deleting its
substance and inserting provisions that:

     (1)  Consolidate a number of the habitual offenses against
          persons and property enumerated in this bill as
          received, into section 706-606.5, Hawaii Revised
          Statutes, namely:

          (A)  Assault in the third degree;

          (B)  Terroristic threatening in the second degree;

          (C)  Sexual assault in the fourth degree;

          (D)  Criminal property damage in the third degree;

          (E)  Theft in the third degree; and

          (F)  Misdemeanor shoplifting;

     (2)  Make the multiple offender of any of these offenses
          subject to a sentence of at least 120 days of
          imprisonment in cases where a person is convicted on at
          least three prior and separate occasions of any of the
          specified misdemeanor offenses within a three-year
          period; and

     (3)  Make technical, nonsubstantive amendments for purposes
          of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1118, S.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 1118, S.D. 1, H.D. 1, and be placed on the
calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair