Bill Text: HI SB2395 | 2014 | Regular Session | Amended

---

Bill Title: Homeless; Penal Code; Hate Crime Offender; Unsheltered Homeless

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-05 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2395 Detail]

Download: Hawaii-2014-SB2395-Amended.html

---

THE SENATE	S.B. NO.	2395
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE HOMELESS.

 

 

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

 

     SECTION 1.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  (1)  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

    [(1)] (a)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was eighteen years of age or older;

    [(2)] (b)  The defendant is a professional criminal in that:

         [(a)] (i)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

        [(b)] (ii)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

    [(3)] (c)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

    [(4)] (d)  The defendant is a multiple offender in that:

        [(a)] (i)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

        [(b)] (ii)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

    [(5)] (e)  The defendant is an offender against the elderly, handicapped, unsheltered homeless, or a minor eight years of age or younger in that:

        [(a)] (i)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

        [(b)] (ii)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              [(i)] (A)  Sixty years of age or older;

             [(ii)] (B)  Blind, a paraplegic, or a quadriplegic; [or]

              (C)  Unsheltered homeless; or

           [(iii)] (D)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant; or

    [(6)] (f)  The defendant is a hate crime offender in that:

        [(a)] (i)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

        [(b)] (ii)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, unsheltered homeless status, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.

     (2)  For the purposes of this section, "unsheltered homeless" means an individual or family who has a primary night-time residence that is a public or private place not designed for or ordinarily used as sleeping accommodations for human beings."

     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.

 

 

Report Title:

Homeless; Penal Code; Hate Crime Offender; Unsheltered Homeless

 

Description:

Amends section 706-662, HRS, to specify that a defendant convicted of a felony may be subject to an extended term of imprisonment if it is proven beyond a reasonable doubt that the extended term is necessary for public protection, the defendant attempted to commit certain types of crimes, and while in the course of committing or attempting to commit those crimes, inflicted serious or substantial bodily injury upon an unsheltered homeless individual or family or the defendant committed a hate crime against a homeless person or family by intentionally selecting the person or family because of hostility toward their perceived unsheltered homeless status.  Adds definition of "unsheltered homeless" to section 706-662, HRS.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.