Honolulu, Hawaii
                                                     , 1999

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

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred S.B. No.
1118 entitled: 


begs leave to report as follows:

     The purpose of this bill is to create two new felony
offenses, habitual criminal behavior against persons and habitual
criminal behavior against property, while preserving the court's
discretion as to sentencing.

     Your Committee finds that offenders who repeatedly commit
misdemeanor offenses are a significant problem for law
enforcement officials because they commit a disproportionately
high percentage of petty crimes.  Your Committee further finds
that, unlike repeat felony offenders, repeat misdemeanor
offenders are not subject to enhanced penalties.  Thus, your
Committee agrees that enhanced sentencing provisions should apply
to persons who have three prior convictions for certain
misdemeanor or felony offenses for both its punitive and
deterrent effects.

     Testimony in support of this measure was submitted by the
Department of the Attorney General, the Department of the
Prosecuting Attorney of the City and County of Honolulu, the
Department of the Prosecuting Attorney of the County of Maui, the
Honolulu Police Department, the Hawaii County Police Department,
and the Community Coalition for Neighborhood Safety.  Testimony
in opposition to this measure was submitted by the Office of the

                                   STAND. COM. REP. NO. 900
                                   Page 2

Public Defender, Hawaii Lawyers Care, Affordable Housing and
Homeless Alliance, the Advocate Offices of David L. Bourgoin, and
16 private individuals.

     Upon further consideration, your Committee has amended this
measure by deleting the reference to 709-906, Hawaii Revised
Statutes, Abuse of a Family and Household Member, as existing law
currently provides enhanced penalties for this offense.

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

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair