Bill Text: HI SB2342 | 2010 | Regular Session | Introduced
Bill Title: Criminal Procedure; Sentencing
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2010-02-04 - (S) The committee(s) on PSM recommend(s) that the measure be HELD. The votes in PSM were as follows: 5 Aye(s): Senator(s) Espero, Bunda, English, Galuteria, Kidani; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Hemmings. [SB2342 Detail]
Download: Hawaii-2010-SB2342-Introduced.html
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THE SENATE |
S.B. NO. |
2342 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sentencing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:
"(5) The sentencing court may impose [the]:
(a) The
above sentences consecutive to any sentence imposed on the defendant for a
prior conviction, but such sentence shall be imposed concurrent to the sentence
imposed for the instant conviction[. The court may impose a];
(b) A
lesser mandatory minimum period of imprisonment without possibility of parole
than that mandated by this section where the court finds that strong mitigating
circumstances warrant such action[. Strong]; provided that strong
mitigating circumstances shall include, but shall not be limited to the
provisions of section 706-621[. The]; provided further that the
court shall provide a written opinion stating its reasons for imposing the lesser
sentence[.]; or
(c) A sentence to an alternative program as provided in section 706-605.1; provided that, notwithstanding section 706-605.1(2), the defendant shall be sentenced under this paragraph only if:
(i) The prior conviction for which the defendant is eligible to be sentenced under this section is not for a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707;
(ii) The offense for which the defendant is being sentenced is for possession of a dangerous, harmful, or detrimental drug or marijuana under part IV, chapter 712, or for use, or possession with intent to use, drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of chapter 329; and
(iii) The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index and the court has determined that the offense for which the person is being sentenced is related to the person's substance abuse dependency or addiction."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Criminal Procedure; Sentencing
Description:
Permits certain non-violent repeat offenders convicted of drug possession to be sentenced to alternative programs instead of to prison.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
