Bill Text: HI SB2732 | 2012 | Regular Session | Introduced

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Bill Title: Homicide

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - (S) Referred to TIA, JDL. [SB2732 Detail]

Download: Hawaii-2012-SB2732-Introduced.html

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THE SENATE	S.B. NO.	2732
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HOMICIDE.

 

 

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

 

     SECTION 1.  Section 286-124, Hawaii Revised Statutes, is amended to read as follows:

     "§286-124  Mandatory revocation of license by a court.  (a)  Any court of competent jurisdiction shall forthwith revoke the license of any driver for a period of up to ten years upon a conviction of the driver of manslaughter resulting from the operation of a motor vehicle.

     (b)  Any court of competent jurisdiction shall forthwith revoke the license of any driver for a period of up to five years upon a conviction of the driver of negligent homicide in the first degree or negligent homicide in the second degree."

     SECTION 2.  Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Discretionary conditions.  The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706‑606(2), that the defendant:

    (a)   Serve a term of imprisonment not exceeding two years in class A felony cases under section 707-702 or part IV of chapter 712, eighteen months in class B felony cases, one year in class C felony cases, six months in misdemeanor cases, and five days in petty misdemeanor cases; provided that notwithstanding any other provision of law, any order of imprisonment under this subsection that provides for prison work release shall require the defendant to pay thirty per cent of the defendant's gross pay earned during the prison work release period to satisfy any restitution order.  The payment shall be handled by the adult probation division and shall be paid to the victim on a monthly basis;

    (b)   Perform a specified number of hours of services to the community as described in section 706-605(1)(d);

    (c)   Support the defendant's dependents and meet other family responsibilities;

    (d)   Pay a fine imposed pursuant to section 706-605(1)(b);

    (e)   Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment;

    (f)   Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances;

    (g)   Refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons, including [but not limited to] the victim of the crime, any witnesses, regardless of whether they actually testified in the prosecution, law enforcement officers, co-defendants, or other individuals with whom contact may adversely affect the rehabilitation or reformation of the person convicted;

    (h)   Refrain from use of alcohol or any use of narcotic drugs or controlled substances without a prescription;

    (i)   Refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon;

    (j)   Undergo available medical or mental health treatment, including treatment for substance abuse dependency, and remain in a specified facility if required for that purpose;

    (k)   Reside in a specified place or area or refrain from residing in a specified place or area;

    (l)   Submit to periodic urinalysis or other similar testing procedure;

    (m)   Refrain from entering specified geographical areas without the court's permission;

    (n)   Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office, or any other location as may be approved by the person's probation officer pursuant to court order.  As used in this paragraph, "dwelling place" includes the person's yard or, in the case of condominiums, the common elements;

    (o)   Comply with a specified curfew;

    (p)   Submit to monitoring by an electronic monitoring device; or

    (q)   Satisfy other reasonable conditions as the court may impose."

     SECTION 3.  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 section 707-702 or chapter 712, part IV, 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 section 707-702 or chapter 712, part IV, 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 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Homicide

 

Description:

Amends the driver's license revocation provisions to allow license revocation for a period of time up to the maximum term of probation allowable when a driver is convicted of manslaughter resulting from the operation of a vehicle, or negligent homicide in the first or second degrees; allows for up to two years of imprisonment when a convicted defendant is sentenced to probation for manslaughter; and clarifies that probation is an applicable sentence for manslaughter.

 

 

 

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