Bill Text: HI SB843 | 2010 | Regular Session | Amended
Bill Title: Sentencing; Examination
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB843 Detail]
Download: Hawaii-2010-SB843-Amended.html
Report Title:
Sentencing; Examination
Description:
Restores a statutory provision allowing for presentence mental health or medical examination of defendants for purposes of sentencing. Effective January 1, 2046. (SB843 HD1)
|
THE SENATE |
S.B. NO. |
843 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
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 a new section to part I 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 a psychologist licensed under chapter 465 and includes psychologists exempt from licensure under section 465-3(a)(3).
(2) Before imposing a 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 conduct the examination. The examiner or examiners shall be appointed from a list of certified examiners as determined by the department of health. The report of the examination shall be submitted to the court."
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. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2046.
