Bill Text: HI HB2309 | 2010 | Regular Session | Introduced

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Bill Title: Sentencing of Repeat Offenders; Habitually Operating a Vehicle Under the Influence of an Intoxicant

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced - Dead) 2010-01-22 - (H) Referred to TRN, JUD, referral sheet 4 [HB2309 Detail]

Download: Hawaii-2010-HB2309-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2309
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the disposition of convicted defendants.

 

 

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

 

     SECTION 1.  Section 706-606.5, Hawaii Revised Statutes, is amended to read as follows:

     "§706-606.5  Sentencing of repeat offenders.  (1)  Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies:  section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; section 291E-61.5 relating to habitually operating a vehicle under the influence of an intoxicant; section 386-98(d)(1) relating to fraud violations and penalties; section 431:2-403(b)(2) relating to insurance fraud; section 707-703 relating to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless endangering in the first degree; section 707-716 relating to terroristic threatening in the first degree; section 707-721 relating to unlawful imprisonment in the first degree; section 707-732 relating to sexual assault or rape in the third degree; section 707-752 relating to promoting child abuse in the third degree; section 707-757 relating to electronic enticement of a child in the second degree; section 707-766 relating to extortion in the second degree; section 708-811 relating to burglary in the second degree; section 708-821 relating to criminal property damage in the second degree; section 708-831 relating to theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981; section 708-831 relating to theft in the second degree; section 708-835.5 relating to theft of livestock; section 708-836 relating to unauthorized control of propelled vehicle; section 708-839.8 relating to identity theft in the third degree; section 708-839.55 relating to unauthorized possession of confidential personal information; section 708-852 relating to forgery in the second degree; section 708-854 relating to criminal possession of a forgery device; section 708-875 relating to trademark counterfeiting; section 710-1071 relating to intimidating a witness; section 711-1103 relating to riot; section 712-1203 relating to promoting prostitution in the second degree; section 712-1221 relating to gambling in the first degree; section 712-1224 relating to possession of gambling records in the first degree; section 712-1243 relating to promoting a dangerous drug in the third degree; section 712-1247 relating to promoting a detrimental drug in the first degree; section 846E-9 relating to failure to comply with covered offender registration requirements; section 134-7 relating to ownership or possession of firearms or ammunition by persons convicted of certain crimes; section 134-8 relating to ownership, etc., of prohibited weapons; section 134-9 relating to permits to carry, or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows:

    (a)   One prior felony conviction:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;

        (ii)  Where the instant conviction is for a class A felony--six years, eight months;

       (iii)  Where the instant conviction is for a class B felony--three years, four months; and

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;

    (b)   Two prior felony convictions:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second degree--twenty years;

        (ii)  Where the instant conviction is for a class A felony--thirteen years, four months;

       (iii)  Where the instant conviction is for a class B felony--six years, eight months; and

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--three years, four months;

    (c)   Three or more prior felony convictions:

         (i)  Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;

        (ii)  Where the instant conviction is for a class A felony--twenty years;

       (iii)  Where the instant conviction is for a class B felony--ten years; and

        (iv)  Where the instant conviction is for a class C felony offense enumerated above--five years.

     (2)  Except as in subsection (3), a person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:

    (a)   Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the first degree or attempted murder in the first degree;

    (b)   Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the second degree or attempted murder in the second degree;

    (c)   Within twenty years after a prior felony conviction where the prior felony conviction was for a class A felony;

    (d)   Within ten years after a prior felony conviction where the prior felony conviction was for a class B felony;

    (e)   Within five years after a prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above;

    (f)   Within the maximum term of imprisonment possible after a prior felony conviction of another jurisdiction.

     (3)  If a person was sentenced for a prior felony conviction to a special term under section 706-667, then the person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:

    (a)   Within eight years after a prior felony conviction where the prior felony conviction was for a class A felony;

    (b)   Within five years after the prior felony conviction where the prior felony conviction was for a class B felony;

    (c)   Within four years after the prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above.

     (4)  Notwithstanding any other law to the contrary, any person convicted of any of the following misdemeanor offenses:

    (a)   Section 707-712 relating to assault in the third degree;

    (b)   Section 707-717 relating to terroristic threatening in the second degree;

    (c)   Section 707-733 relating to sexual assault in the fourth degree;

    (d)   Section 708-822 relating to criminal property damage in the third degree;

    (e)   Section 708-832 relating to theft in the third degree; and

    (f)   Section 708-833.5(2) relating to misdemeanor shoplifting,

and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment.  Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E.

     (5)  In addition to the sentences imposed in subsection (1), the following conditions shall apply to any person sentenced under this section for an offense under section 291E-61.5:

    (a)   The sentencing court shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment; provided that:

         (i)  The counselor shall submit a report with recommendations to the court and that the court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence; and

        (ii)  All costs for assessment and treatment shall be borne by the offender;

    (b)   Notwithstanding any law to the contrary, whenever a court revokes a person's driver's license pursuant to this section for an offense under section 291E-61.5, the examiner of drivers shall not grant to the person a new driver's license until expiration of the period of revocation determined by the court; provided that after the period of revocation is completed, the person may apply for and the examiner of drivers may grant to the person a new driver's license; and

    (c)   Any person sentenced under this section for an offense under section 291E-61.5 may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11; provided that the court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test.

     As used in this subsection, the term "examiner of drivers" has the same meaning as provided in section 286-2.

     [(5)] (6)  The sentencing court may impose the above sentences consecutive to any sentence imposed on the defendant for a prior conviction, but such sentence shall be imposed concurrent to the sentence imposed for the instant conviction.  The court may impose a lesser mandatory minimum period of imprisonment without possibility of parole than that mandated by this section where the court finds that strong mitigating circumstances warrant such action.  Strong mitigating circumstances shall include, but shall not be limited to the provisions of section 706-621.  The court shall provide a written opinion stating its reasons for imposing the lesser sentence.

     [(6)] (7)  A person who is imprisoned in a correctional institution pursuant to subsection (1) shall not be paroled prior to the expiration of the mandatory minimum term of imprisonment imposed pursuant to subsection (1).

     [(7)] (8)  For purposes of this section:

    (a)   Convictions under two or more counts of an indictment or complaint shall be considered a single conviction without regard to when the convictions occur;

    (b)   A prior conviction in this or another jurisdiction shall be deemed a felony conviction if it was punishable by a sentence of death or of imprisonment in excess of one year; and

    (c)   A conviction occurs on the date judgment is entered."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sentencing of Repeat Offenders; Habitually Operating a Vehicle Under the Influence of an Intoxicant

 

Description:

Applies sentencing of repeat offenders guidelines to the offense of habitually operating a vehicle under the influence of an intoxicant.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.