STAND. COM. REP. NO.  1251

 

Honolulu, Hawaii

                , 2009

 

RE:   S.B. No. 843

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 843, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SENTENCING,"

 

begs leave to report as follows:

 

     The purpose of this bill is to assist the court in rendering appropriate sentences by restoring a statutory provision that allows the court, in its discretion, to order a defendant who has been convicted of a felony or a misdemeanor to submit to mental or other medical observation and examination prior to being sentenced.

 

     The Judiciary, Department of the Attorney General, City and County of Honolulu Department of the Prosecuting Attorney, and Hawaii County Office of the Prosecuting Attorney supported this bill.  The Office of the Public Defender opposed this measure.

 

     Your Committee has amended this bill by:

 

     (1)  Adding a savings clause;

 

     (2)  Changing the effective date to January 1, 2046, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 843, S.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 843, S.D. 1, H.D. 1.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

		____________________________ JON RIKI KARAMATSU, Chair