Bill Text: HI SB370 | 2010 | Regular Session | Introduced
Bill Title: Repeat Violent and Sexual Offenders; Minimum Penalties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB370 Detail]
Download: Hawaii-2010-SB370-Introduced.html
Report Title:
Repeat Violent and Sexual Offenders; Minimum Penalties
Description:
Establishes stricter penalties for repeat violent and sexual offenders.
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THE SENATE |
S.B. NO. |
370 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to repeat offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606.5, Hawaii Revised Statutes, is amended to read as follows:
"§706-606.5 Sentencing of repeat offenders. (1) In this section, "qualified," with reference to a conviction for a prior felony offense, means:
(a) If the person convicted was not sentenced to a special term under section 706-667, the conviction occurred within:
(i) Twenty years before the date of the instant offense, if the prior offense is murder in the first degree, attempted murder in the first degree, murder in the second degree, attempted murder in the second degree, or a class A felony;
(ii) Ten years before the date of the instant offense, if the prior offense is a class B felony;
(iii) Five years before the date of the instant offense, if the prior offense is a class C felony offense enumerated in subsection (2); or
(iv) Within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense, if that offense is under federal law or the laws of another state; or
(b) If the person convicted was sentenced to a special term under section 706-667, the conviction occurred within:
(i) Eight years before the date of the instant offense, if the prior offense is a class A felony;
(ii) Five years before the date of the instant offense, if the prior offense is a class B felony; and
(iii) Four years before the date of the instant offense, if the prior offense is a class C felony offense enumerated in subsection (2).
(2) Notwithstanding section 706-669 and
any other law to the contrary, any person convicted of murder in the second
degree, any class A felony, any class B felony, or any of the following class C
felonies: section 188-23 relating to possession or use of explosives,
electrofishing devices, and poisonous substances in state waters; section
386-98(d)(1) relating to fraud violations and penalties; section
431:10A-131(b)(2) relating to insurance fraud; section 431:10C-307.7(b)(2)
relating to insurance fraud; section 432:1-106(b)(2) relating to insurance
fraud; section 432D-18.5(b)(2) relating to insurance fraud; section 707-703
relating to negligent homicide in the second degree; section 707-711 relating
to assault in the second degree; section 707-713 relating to reckless
endangering in the first degree; section 707-716 relating to terroristic threatening
in the first degree; section 707-721 relating to unlawful imprisonment in the
first degree; section 707-732 relating to sexual assault or rape in the third
degree; section 707-752 relating to promoting child abuse in the third degree;
section 707-757 relating to electronic enticement of a child in the second
degree; section 707-766 relating to extortion in the second degree; section
708-811 relating to burglary in the second degree; section 708-821 relating to
criminal property damage in the second degree; section 708-831 relating to
theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981;
section 708-831 relating to theft in the second degree; section 708-835.5
relating to theft of livestock; section 708-836 relating to unauthorized
control of propelled vehicle; section 708-839.8 relating to identity theft in
the third degree; section 708-839.55 relating to unauthorized possession of
confidential personal information; section 708-852 relating to forgery in the
second degree; section 708-854 relating to criminal possession of a forgery
device; section 708-875 relating to trademark counterfeiting; section 710-1071
relating to intimidating a witness; section 711-1103 relating to riot; section
712-1203 relating to promoting prostitution in the second degree; section
712-1221 relating to gambling in the first degree; section 712-1224 relating to
possession of gambling records in the first degree; section 712-1243 relating
to promoting a dangerous drug in the third degree; section 712-1247 relating to
promoting a detrimental drug in the first degree; section 846E-9 relating to
failure to comply with covered offender registration requirements; section
134-7 relating to ownership or possession of firearms or ammunition by persons
convicted of certain crimes; section 134-8 relating to ownership, etc., of
prohibited weapons; section 134-9 relating to permits to carry, or who is
convicted of attempting to commit murder in the second degree, any class A
felony, any class B felony, or any of the class C felony offenses enumerated
above and who has [a prior conviction or] any qualified or eligible
prior convictions under subsection (1) or section 706-606.6(1) for the
following felonies, including an attempt to commit the same: murder, murder in
the first or second degree, a class A felony, a class B felony, any of the
class C felony offenses enumerated above, or any felony conviction of another
jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment
without possibility of parole during such period as follows:
(a) [One prior] Special felony as defined
in section 706-606.6(1) preceded by one eligible special felony conviction:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly one eligible special felony conviction--forty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly one eligible special felony conviction--thirty years; and
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly one eligible special felony conviction--ten years.
(b) Special felony preceded by two eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony and is preceded by exactly two eligible special felony convictions--thirty years;
(ii) Where the instant conviction is for a special class B felony and is preceded by exactly two eligible special felony convictions--fifteen years;
(iii) Where the instant conviction is for a special class C felony and is preceded by exactly two eligible special felony convictions--five years.
(c) Special felony preceded by three or more eligible special felony convictions:
(i) Where the instant conviction is for a special class A felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--thirty years;
(ii) Where the instant conviction is for a special class B felony, is preceded by three or more eligible special felony convictions, and section 706-661 applies--fifteen years; and
(iii) Where the instant conviction is for a special class C felony, is preceded by three or more eligible special felony convictions, and section 706‑661 applies--five years.
(d) Murder in the second degree or a class A, B, or C felony preceded by one qualified felony conviction:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by exactly one qualified felony conviction--[ten] fifteen
years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly one qualified felony conviction, but the conditions of paragraph (a)(i) do not apply--six years, eight months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(ii) do not apply--three years, four months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(iii) do not apply--one year, eight months;
[(b) Two prior] (e) Murder in the
second degree or a class A, B, or C felony preceded by two qualified felony
convictions:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by exactly two qualified felony convictions--[twenty] forty
years;
(ii) Where the instant conviction is for a class A felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(i) do not apply--thirteen years, four months;
(iii) Where the instant conviction is for a class B felony and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(ii) do not apply--six years, eight months; and
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by exactly two qualified felony convictions, but the conditions of paragraph (b)(iii) do not apply--three years, four months;
[(c) Three] (f) Murder in the second
degree or a class A, B, or C felony preceded by three or more qualified
prior felony convictions:
(i) Where the instant conviction is for murder
in the second degree or attempted murder in the second degree and is
preceded by exactly three or more qualified felony convictions--[thirty]
forty years;
(ii) Where the instant conviction is for a class A felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(i) do not apply--twenty years;
(iii) Where the instant conviction is for a class B felony and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(ii) do not apply--ten years; and
(iv) Where the instant conviction is for a class C felony offense enumerated above and is preceded by three or more qualified felony convictions, but the conditions of paragraph (c)(iii) do not apply--five years.
[(2) Except as in subsection (3), a person
shall not be sentenced to a mandatory minimum period of imprisonment under this
section unless the instant felony offense was committed during such period as
follows:
(a) Within twenty years after a prior
felony conviction where the prior felony conviction was for murder in the first
degree or attempted murder in the first degree;
(b) Within twenty years after a prior
felony conviction where the prior felony conviction was for murder in the
second degree or attempted murder in the second degree;
(c) Within twenty years after a prior
felony conviction where the prior felony conviction was for a class A felony;
(d) Within ten years after a prior felony
conviction where the prior felony conviction was for a class B felony;
(e) Within five years after a prior felony
conviction where the prior felony conviction was for a class C felony offense
enumerated above;
(f) Within the maximum term of imprisonment
possible after a prior felony conviction of another jurisdiction.
(3) If a person was sentenced for a prior
felony conviction to a special term under section 706-667, then the person
shall not be sentenced to a mandatory minimum period of imprisonment under this
section unless the instant felony offense was committed during such period as
follows:
(a) Within eight years after a prior felony
conviction where the prior felony conviction was for a class A felony;
(b) Within five years after the prior
felony conviction where the prior felony conviction was for a class B felony;
(c) Within four years after the prior
felony conviction where the prior felony conviction was for a class C felony
offense enumerated above.
(4)] (3) Notwithstanding any
other law to the contrary, any person convicted of any of the following
misdemeanor offenses:
(a) Section 707-712 relating to assault in the third degree;
(b) Section 707-717 relating to terroristic threatening in the second degree;
(c) Section 707-733 relating to sexual assault in the fourth degree;
(d) Section 708-822 relating to criminal property damage in the third degree;
(e) Section 708-832 relating to theft in the third degree; and
(f) Section 708-833.5(2) relating to misdemeanor shoplifting,
and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment. Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E.
[(5)] (4) The sentencing court
may impose 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
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 mitigating circumstances shall
include, but shall not be limited to the provisions of section 706-621. The
court shall provide a written opinion stating its reasons for imposing the
lesser sentence.
[(6)] (5) A person who is
imprisoned in a correctional institution pursuant to subsection (1) shall not
be paroled prior to the expiration of the mandatory minimum term of
imprisonment imposed pursuant to subsection (1).
[(7)] (6) 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;
(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; and
(c) A conviction occurs on the date judgment is entered."
SECTION 2. Section 706-606.6, Hawaii Revised Statutes, is amended to read as follows:
"§706-606.6 Repeat violent and sexual offender; enhanced sentence. (1) In this section:
(a) "Special", with reference to a felony means:
(i) An offense under section 707‑701.5, 707-702, 707-710, 707-711, 707-720, 707‑730, 707-731, 707-732, 707-733.5, 707-750, 708‑810, 708-820, or 708-840;
(ii) A class A felony under section 707-720 (unless reduced to a class B felony pursuant to section 707-720(3)), 707-730, 707-733.5, 707‑750, or 708-840;
(iii) A class B felony under section 707-702, 707-710, 707-720 (if reduced from a class A felony to a class B felony pursuant to section 707-720(3)), 707-731, 708-810, or 708-820; or
(iv) A class C felony under section 707-711 or 707‑732.
(b) "Eligible," with reference to a conviction for a prior special felony offense, means the conviction occurred within:
(i) Twenty years before the date of the instant offense, if the prior offense is under section 707-701.5 or is a special class A felony;
(ii) Ten years before the date of the instant offense, if the prior offense is a special class B felony; or
(iii) Five years before the date of the instant offense, if the prior offense is a special class C felony.
(c) "Eligible," with reference to a conviction for a prior offense under federal law or the laws of another state, which offense is comparable to a special felony offense, means the conviction occurred within the period ending on the date of the instant offense and equal in length to the maximum term of imprisonment possible for the prior offense under the appropriate jurisdiction.
(2) Notwithstanding any other provision
of law to the contrary, any person who is convicted of [an offense under
section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, or
708-840, after having been convicted on] a special felony offense and
has at least three prior and separate [occasions of an offense under
section 707-701.5, 707-702, 707-710, 707-711, 707‑730, 707-731, 707-732,
707-733.6, 707-750, or 708‑840, or of an offense] eligible
convictions of:
(a) Special felonies; or
(b) Offenses under federal law or the
laws of another state that [is] are comparable to [an offense
under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732,
707-733.6, 707-750, or 708-840,] special felonies;
shall be sentenced to an extended term of imprisonment as provided in section 706-661.
[(2) A conviction shall not be considered a
prior offense unless the conviction occurred within the following time periods:
(a) For an offense under section 707-701.5,
707-702, 707‑730, 707-733.6, 707-750, or 708-840, within the past twenty
years from the date of the instant offense;
(b) For an offense under section 707-710 or
707-731, within the past ten years from the date of the instant offense;
(c) For an offense under section 707-711 or
707-732, within the past five years from the date of the instant offense; or
(d) For an offense under federal law or the
laws of another state that is comparable to an offense under section 707-701.5,
707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, or
708-840, within the maximum term of imprisonment possible under the appropriate
jurisdiction.]"
SECTION 3. Section 706-661, Hawaii Revised Statutes, is amended to read as follows:
"§706-661 Extended terms of imprisonment. The court may sentence a person who satisfies the criteria for any of the categories set forth in section 706-662, or shall sentence a person convicted of a special felony under section 706-606.6 to an extended term of imprisonment, which shall have a maximum length as follows:
(1) For murder in the second degree--life without the possibility of parole;
(2) For a class A felony--indeterminate life term of imprisonment;
(3) For a class B felony--indeterminate [twenty-year]
forty-year term of imprisonment; and
(4) For a class C felony--indeterminate [ten-year]
fifteen-year term of imprisonment.
When ordering an
extended term sentence, the court shall impose the maximum length of
imprisonment. The minimum length of imprisonment for an extended term sentence [under paragraphs
(2), (3), and (4)] pursuant to 706-622 shall be determined by the
Hawaii paroling authority in accordance with section 706-669. The minimum
length of imprisonment for an extended
term sentence of a special felony conviction under section
706-606.6 shall be as set forth in section 706-606.5."
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.
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INTRODUCED BY: |
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