Hawaii-2024-HB2273-Introduced

SECTION 1. The legislature finds that 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. The legislature further finds that 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. The legislature also finds that there is growing concern about recurrent violent crimes committed by unsheltered persons and a "three strikes" law would allow for special sentencing for individuals with a record of committing violent crimes.

The legislature additionally finds that Weed & Seed Hawaii, Inc., a community-based organization that works with law enforcement to reduce crime in communities and develop community solutions to crimes in neighborhoods, has site programs located in central Honolulu, Waipahu, and Ewa and Ewa Beach on the island of Oahu. Furthermore, the legislature finds that homelessness is a multifaceted issue and expanding various existing initiatives that target specific aspects of homelessness, particularly reducing crime and improving access to services, is an important step in addressing this crisis in Hawaii.

Therefore, the purpose of this Act is to require:

(1) Special sentencing of habitual violent felons; and

(2) The department of law enforcement, in collaboration with the statewide office on homelessness and housing solutions established pursuant to section 346-386, Hawaii Revised Statutes, to work with Weed & Seed Hawaii, Inc., to expand Weed & Seed Hawaii, Inc.'s site programs to a statewide reach, beginning with the Waianae coast of Oahu.

SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706‑ Special sentencing of habitual violent felons. (1) Notwithstanding any other provision of law to the contrary, a habitual violent felon shall be sentenced to both:

(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 shall not be eligible for parole before serving the mandatory minimum term under subsection (1) or (2), as applicable.

(3) Except for work furlough programs in the final year of a sentence that require incarceration during the time the inmate is not working or traveling to or from work, a habitual violent felon shall not be eligible for pre-release, furlough, or other modified terms of imprisonment without the written authorization of the governor, which authorization shall not be delegable.

(4) For purposes of this section, an individual is a "habitual violent felon" if:

(a) The defendant is at least eighteen years old at the time the defendant committed the current offense;

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

(i) Murder in any degree;

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

(iii) Any federal offense that is comparable to a crime of violence as defined in subsection (6), or any federal or out-of-state offense that under the laws of this State would be a crime of violence as defined in subsection (6); and

(d) 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.

(5) This section shall apply only if the prosecuting attorney brings before the court a motion to sentence under this section that allows the court to advise the defendant of the defendant's eligibility for sentencing under this section prior to the entry of a verdict of guilty, whether by trial, plea of guilty, or plea of no contest. The motion shall set forth the date and jurisdiction of occurrence of each prior conviction required under subsection (4)(c) and shall specify whether the defendant is subject to the following:

(a) Sentencing of repeat offenders under section 706-606.5;

(b) Repeat violent and sexual offender; enhanced sentence under section 706-606.6;

(d) Sentence of imprisonment for felony; extended terms under section 706-661.

(6) For purposes of this section, "crime of violence" means:

(a) Murder in any degree;

(b) Manslaughter;

(d) Kidnapping;

(e) Sexual assault in the first degree;

(f) Sexual assault in the second degree;

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

(h) Robbery in the first degree;

(i) Robbery in the second degree; and

(j) Burglary in the first degree."

SECTION 3. (a) The department of law enforcement, in collaboration with the statewide office on homelessness and housing solutions established pursuant to section 346-386, Hawaii Revised Statutes, shall work with Weed & Seed Hawaii, Inc., to expand Weed & Seed Hawaii, Inc.'s site programs statewide.

(b) The first location for the expansion of site programs pursuant to subsection (a) shall be the Waianae coast of Oahu.

(c) No later than twenty days prior to the regular session of 2025, the department of law enforcement, in collaboration with the statewide office on homelessness and housing solutions established pursuant to section 346-386, Hawaii Revised Statutes, shall submit a report to the legislature of its progress in expanding Weed & Seed Hawaii, Inc.'s site programs statewide, beginning with the Waianae coast of Oahu.

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. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2273
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII