Bill Text: HI HB2515 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Probation; Theft of Property; Sentencing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-06-21 - (S) Act 140, 6/20/2012 (Gov. Msg. No. 1242). [HB2515 Detail]

Download: Hawaii-2012-HB2515-Amended.html





Honolulu, Hawaii



RE:    H.B. No. 2515

       H.D. 3

       S.D. 1




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii




     Your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor, to which was referred H.B. No. 2515, H.D. 3, entitled:




beg leave to report as follows:


     The purpose and intent of this measure is to permit certain second-time drug offenders a sentence of probation but not a one-time expungement of the record of conviction, permit a three-year probation term for individuals convicted of certain class B and C felonies, require a defendant's probation officer to report concerning compliance or non-compliance with probation conditions, and increase the minimum threshold property and services valuation for theft in the second degree to $750.


     Your Committees received testimony in support of this measure from the Governor, Department of Public Safety, Judiciary, Office of the Public Defender, Crime Victim Compensation Commission, Office of Hawaiian Affairs, Kauai Prosecuting Attorney, Community Alliance on Prisons, Hawaii Substance Abuse Coalition, American Civil Liberties Union of Hawaii, National Alliance of Reformed Criminals, ABC Stores, Duty Free Shoppers Hawaii, Chaminade University, Justice Center of the Council of State Governments, and three individuals.  Testimony in opposition to this measure was received from the Honolulu Police Department, Hawaii County Prosecuting Attorney, Maui Prosecuting Attorney, Retail Merchants of Hawaii, and four individuals.  Comments were received from the City and County of Honolulu Prosecuting Attorney, Hawaii Food Industry Association, and Times Supermarket.


     Your Committees find that this measure is an outgrowth of the Justice Reinvestment Working Group and the Council of State Governments Justice Center to study, analyze, and make recommendations for improvements in the criminal justice system and corrections system in all fifty states.  The analysis revealed that crime and victimization rates in Hawaii have declined, as have arrests and felony convictions for violent and property crimes.  However, the population under probation supervision and incarceration has not declined, and in some cases has increased.


     Your Committees have amended this measure by:


     (1)  Deleting the amended minimum threshold amount for theft in the second degree;


     (2)  Increasing from three to four years the period of probation for conviction of certain class B or C felonies;


     (3)  Amending the purpose section to reflect the amended purpose of the measure; and


     (4)  Changing the effective date to upon approval.


     As affirmed by the records of votes of the members of your Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2515, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2515, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.


Respectfully submitted on behalf of the members of the Committees on Public Safety, Government Operations, and Military Affairs and Judiciary and Labor,