Report Title:

Repeat Offenders; Enhanced Sentencing

Description:

Increases maximum sentence for repeat felony offenders by 25% for each conviction after the 4th felony until the maximum sentence for the 8th felony conviction is 100% longer than the standard sentence.

THE SENATE

S.B. NO.

2387

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE PENAL CODE.

 

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

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706- Maximum sentences for repeat felony offenders. (1) Notwithstanding sections 706-659 and 706-660 and any other law to the contrary, except section 706-606.6, any person convicted of a felony, other than murder in the first degree, attempted murder in the first degree, murder in the second degree, or attempted murder in the second degree, who has three or more prior felony convictions shall be sentenced to an indeterminate term of imprisonment without possibility of suspension of sentence or probation as follows:

(a) For a fifth felony offense, one hundred twenty-five per cent of the maximum indeterminate term of imprisonment specified by section 706-659 or 706-660;

(b) For a sixth felony offense, one hundred fifty per cent of the maximum indeterminate term of imprisonment specified by section 706-659 or 706-660;

(c) For a seventh felony offense, one hundred seventy-five per cent of the maximum indeterminate term of imprisonment specified by section 706-659 or 706-660; and

(d) For an eighth felony offense, two hundred per cent of the maximum indeterminate term of imprisonment specified by section 706-659 or 706-660.

(2) For purposes of this section:

(a) Convictions under two or more counts of an indictment or complaint shall be considered a single conviction without regard to when the convictions occur; and

(b) A prior conviction in this or another jurisdiction shall be deemed a felony conviction if it was punishable by a sentence of death or of imprisonment in excess of one year."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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