Report Title:

Drug Crimes; Penalties

Description:

Requires offenders convicted of promoting dangerous drugs in the 1st degree to be sentenced to 20 years in prison with a mandatory minimum of at least 5 but not more than 10 years, except in the case of manufacturing for which the minimum term shall be at least 10 years.

HOUSE OF REPRESENTATIVES

H.B. NO.

2304

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HAWAII PENAL CODE.

 

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

SECTION 1. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:

"§706-659 Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except [class A felonies defined in chapter 712, part IV,] an offense under section 712-1244, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of [a class A felony defined in chapter 712, part IV,] an offense under section 712-1244 may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."

SECTION 2. Section 712-1241, Hawaii Revised Statutes, is amended by amending subsection (2) and (3) to read as follows:

"(2) Promoting a dangerous drug in the first degree is a class A felony[.]; provided that a person convicted under this section shall be sentenced to a mandatory minimum term of imprisonment, the length of which shall be not less than five years and not greater than ten years, at the discretion of the sentencing court, for a conviction under subsection (1)(a), (1)(b), or (1)(c) and not less than ten years for a conviction under subsection (1)(d). The person convicted shall not be eligible for parole during the mandatory term of imprisonment.

[(3) Notwithstanding any law to the contrary, except for first-time offenders sentenced under section 706-622.5, [if the commission of the offense of promoting a dangerous drug in the first degree under this section involved the possession, distribution, or manufacture of methamphetamine, or any of its salts, isomers, and salts of isomers, the person convicted shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment, the length of which shall be not less than one year and not greater than ten years, at the discretion of the sentencing court for a conviction under subsection (1)(a), (1)(b), or (1)(c) and not less than ten years for a conviction under subsection (1)(d). The person convicted shall not be eligible for parole during the mandatory term of imprisonment.]"

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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