Bill Text: HI HR129 | 2024 | Regular Session | Introduced

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Bill Title: Requesting The Department Of Law Enforcement To Perform A Study Regarding The Special Sentencing Of Habitual Violent Felons.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-03-14 - Referred to JHA, referral sheet 22 [HR129 Detail]

Download: Hawaii-2024-HR129-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	129
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE RESOLUTION

 

 

requesting the department of law enforcement to perform a study regarding the special sentencing of habitual violent felons.

 

 

 

     WHEREAS, Hawaii has one of the highest rates of homelessness in the nation, with forty-six out of every ten thousand persons in Hawaii being reported as homeless; and

 

     WHEREAS, in addition to posing a direct risk to the health and safety of affected individuals, homelessness also serves as an added stressor or contributing factor in many crimes; and

 

     WHEREAS, there is growing concern about recurrent violent crimes committed by unsheltered persons; and

 

WHEREAS, a "three strikes" law could allow for special sentencing for individuals with a record of committing violent crimes; and

 

     WHEREAS, it is important for the State to determine the efficacy of such a "three strikes" law; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of Law Enforcement is requested to perform a study regarding the special sentencing of habitual violent felons; and

 

     BE IT FURTHER RESOLVED that the scope of the study include whether:

 

     (1)  A habitual violent felon should be sentenced to:

 

          (A)  A mandatory minimum term of imprisonment of not less than thirty years; and

 

          (B)  A mandatory indeterminate term of life imprisonment;

 

     (2)  A habitual violent felon should not be eligible for parole before serving the mandatory minimum term under paragraph (1), as applicable; and

 

     (3)  Except for work furlough programs in the final year of a sentence that requires incarceration during the time the habitual violent felon is not working or traveling to or from work, a habitual violent felon should not be eligible for pre-release, furlough, or other modified terms of imprisonment without the written, non-delegable authorization of the Governor; and

 

     BE IT FURTHER RESOLVED that for the purposes of the study, an individual is a "habitual violent felon" if:

 

     (1)  The individual is at least eighteen years old at the time the individual committed the current offense;

 

     (2)  The current conviction is for murder in the second degree or any class A or class B felony that is a crime of violence;

 

     (3)  The individual has at least two prior and separate felony convictions for:

 

          (A)  Murder in any degree;

 

          (B)  Any class A felony or class B felony that is a crime of violence; or

 

          (C)  Any federal offense that is comparable to a crime of violence, or any federal or out-of-state offense that under the laws of this State would be a crime of violence; and

 

     (4)  Either the current conviction or at least one of the prior and separate convictions is for an offense other than burglary in the first degree; and

 

     BE IT FURTHER RESOLVED that for the purposes of the study, a "crime of violence" is:

 

     (1)  Murder in any degree;

 

     (2)  Manslaughter;

 

     (3)  Assault in the first degree;

 

     (4)  Kidnapping;

 

     (5)  Sexual assault in the first degree;

 

     (6)  Sexual assault in the second degree;

 

     (7)  Continuous sexual assault of a minor under the age of fourteen years old;

 

     (8)  Robbery in the first degree;

 

     (9)  Robbery in the second degree; and

 

    (10)  Burglary in the first degree; and

 

     BE IT FURTHER RESOLVED that the Department of Law Enforcement is requested to submit the study, including findings, recommendations, and any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Director of Law Enforcement.

 

 

 

OFFERED BY:

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Report Title: 

Special Sentencing of Habitual Violent Felons; Study; Department of Law Enforcement