Report Title:

Sentencing

 

Description:

To restore a statutory provision allowing for presentence mental health or medical examination of defendants for purposes of sentencing.

 

THE SENATE	S.B. NO.	843
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SENTENCING.

 

 

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

 

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

     "§706-    Presentence mental and medical examination.  (1)  As used in this section, unless the context otherwise requires:

     "Conviction" means that a verdict has been rendered by a judge or jury, or a plea of guilty or nolo contendere has been accepted by the court.

     "Licensed psychologist" means psychologists licensed under chapter 465, but also includes psychologists exempt from licensure under section 465-3(a)(3).

     (2)  Before imposing sentence, the court may order a defendant who has been convicted of a felony or misdemeanor to submit to mental or other medical observation and examination for a period the court determines to be necessary for the purpose, but the period shall not exceed the length of permissible imprisonment.  In addition thereto or in the alternative, the court may appoint one or more qualified psychiatrists, physicians, or licensed psychologists to make the examination.  The examiner or examiners shall be appointed from a list of certified examiners as determined by the state department of health.  The report of the examination shall be submitted to the court."

     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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:	_____________________________
	By Request