THE SENATE

S.R. NO.

60

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

CONVENING A TASK FORCE TO DETERMINE WHETHER hAWAII SHOULD ENACT A THREE STRIKES LAW.

 

WHEREAS, California and twenty-five other states, in addition to the federal government, have enacted three strikes or enhanced sentencing laws for career criminals; and

WHEREAS, California's three strikes law mandates sentencing a defendant to twenty-five years to life in prison if the defendant has already been found guilty of two other serious or violent crimes; and

WHEREAS, the California code defines qualifying felonies that are typically offenses involving violence or threat of violence; and

WHEREAS, the rationale behind three strike laws is to target career criminals who pose the greatest threat to public safety; and

WHEREAS, California reports that focusing on the small percentage of career offenders has helped to lower its crime rate; and

WHEREAS, in Ewing v. California, the United States Supreme Court upheld California's three strikes law as not cruel and unusual punishment as applied to a shoplifting case where the defendant had a criminal history which included threatening a man with a knife; and

WHEREAS, the high court stated that legislatures enacting three strikes laws make a deliberate policy choice that individuals who have repeatedly engaged in serious or violent criminal behavior, and whose conduct has not been deterred by more conventional approaches to punishment, must be isolated from society in order to protect public safety; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that a task force be convened to study and determine whether Hawaii should enact a three strikes law; and

BE IT FURTHER RESOLVED that the task force be composed of:

(1) The United States Attorney;

(2) The Federal Public Defender;

(3) One member from the Law Enforcement Coalition;

(4) One Chief of Police to be selected by all county Chiefs of Police;

(5) One Prosecuting Attorney to be selected by all county Prosecuting Attorneys;

(6) The Public Defender;

(7) One member from the Hawaii State Bar Association;

(8) Two members from the Criminal Defense Bar;

(9) One member from the Hawaii State Judiciary;

(10) One member from the Department of the Attorney General; and

(11) A member of the public appointed by the Governor;

and

BE IT FURTHER RESOLVED that the Dean of the University of Hawaii, William S. Richardson School of Law shall serve as the chairperson and facilitator for organizational purposes; and

BE IT FURTHER RESOLVED that the task force's mission shall be to:

(1) Determine the initial question of whether Hawaii should enact a three strikes law;

(2) If yes, define and specify qualifying felonies; and

(3) Prepare the necessary legislation;

and

BE IT FURTHER RESOLVED that the task force is requested to report findings and recommendations to the Legislature twenty days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the United States Attorney, the Federal Public Defender, the Law Enforcement Coalition care of the Department of the Attorney General, the county Chiefs of Police, the county Prosecuting Attorneys, the Public Defender, the Hawaii State Bar Association, the Hawaii State Judiciary, the Attorney General, and the Governor.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Three Strikes Law; Task Force