Report Title:

Deferred Acceptance of Guilty Plea and Nolo Contendere Plea

Description:

Specifies when deferred acceptance of nolo contendere and deferred acceptance of guilty pleas do not apply. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2683

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to deferred acceptance of guilty plea and deferred acceptance of nolo contendere plea.

 

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

SECTION 1. Section 853-4, Hawaii Revised Statutes, is amended to read as follows:

"§853-4 Chapter not applicable; when. (a) This chapter shall not apply when[:] the offense charged:

(1) [The offense charged involves] Involves the intentional, knowing, reckless, or negligent killing of another person;

(2) [The offense charged is] Is a felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person, or is a misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;

(3) [The offense charged involves] Involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious or substantial bodily injury to another person;

(4) [The offense charged is] Is a class A felony; or

(5) [The offense charged is] Is nonprobationable[;

(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;

(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;

(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;

(9) A firearm was used in the commission of the offense charged;

(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;

(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea status for a prior offense, regardless of whether the period of deferral has already expired;

(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea status for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;

(13) The offense charged is:

(A) Escape in the first degree;

(B) Escape in the second degree;

(C) Promoting prison contraband in the first degree;

(D) Promoting prison contraband in the second degree;

(E) Bail jumping in the first degree;

(F) Bail jumping in the second degree;

(G) Bribery;

(H) Bribery of a witness;

(I) Intimidating a witness;

(J) Bribery of or by a juror;

(K) Intimidating a juror;

(L) Jury tampering;

(M) Promoting prostitution in the first degree;

(N) Promoting prostitution in the second degree;

(O) Promoting prostitution in the third degree;

(P) Abuse of family or household members;

(Q) Sexual assault in the second degree;

(R) Sexual assault in the third degree;

(S) A violation of an order issued pursuant to chapter 586.].

(b) This chapter shall not apply to a defendant:

(1) Who has been previously convicted of any offense defined as a felony by the Hawaii Penal Code or has been previously convicted for any conduct that if perpetrated in this State would be punishable as a felony;

(2) Who has previously been found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony, even if the family court did not waive jurisdiction over the defendant;

(3) Who has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction; or

(4) Who has been previously granted deferred acceptance of guilty plea or nolo contendere plea status for a prior offense, regardless of whether the period of deferral has already expired.

(c) This chapter shall not apply when the offense charged is a felony; provided that the court may apply this chapter only if the felony charged is one of the following:

(1) Negligent injury in the first degree;

(2) Reckless endangering in the first degree;

(3) Terroristic threatening in the first degree, except those offenses charged under section 707-716(1)(d);

(4) Custodial interference in the first degree;

(5) Burglary in the second degree;

(6) Criminal property damage in the second degree charged under section 708-821(1)(b);

(7) Theft in the second degree;

(8) Theft of livestock;

(9) Unauthorized control of a propelled vehicle;

(10) Unauthorized entry into a motor vehicle;

(11) Theft of utility services;

(12) Forgery in the first degree;

(13) Forgery in the second degree;

(14) Criminal possession of a forgery device;

(15) Trademark counterfeiting;

(16) Suppressing a testamentary or recordable instrument;

(17) Computer fraud in the second degree;

(18) Computer damage in the second degree;

(19) Unauthorized computer access in the second degree;

(20) Cable television service fraud in the first degree; or

(21) Telecommunications service fraud in the first degree.

(d) This chapter shall not apply when the offense charged is:

(1) Sexual assault in the fourth degree;

(2) Tampering with a witness;

(3) Promoting prostitution in the third degree;

(4) Abuse of family or household members; or

(5) A violation of an order issued pursuant to chapter 586.

(e) The court may by rule adopt other criteria in this area."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.