Bill Text: HI HB2588 | 2018 | Regular Session | Amended

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Bill Title: Relating To Extended Terms Of Imprisonment.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2018-03-08 - Referred to JDC, WAM. [HB2588 Detail]

Download: Hawaii-2018-HB2588-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2588
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EXTENDED TERMS OF IMPRISONMENT.

 

 

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

 

     SECTION 1.  The legislature recognizes that, on the evening of April 24, 2016, nineteen-year-old Kaulana Matthew Auwae Werner was struck and killed by a motor vehicle.  The driver of the motor vehicle allegedly fled the scene of the accident and was found a half-mile away, reportedly attempting to tow her vehicle with the help of an acquaintance.  The driver was subsequently charged with the offenses of accidents involving death or serious bodily injury and negligent homicide in the first degree.  Both of these offenses are class B felonies.

     The legislature finds that if the driver is convicted of either offense, the maximum sentence that may be imposed is ten years imprisonment. If the driver is convicted of both offenses, it is possible that the maximum sentence of ten years imprisonment for each offense could be doubled to twenty years under the extended sentencing provision for multiple offenders and that the sentence in each offense could be ordered to run consecutively for a total of forty years imprisonment.

     The legislature asserts that when an offender is convicted of negligent homicide in the first degree and the offender did not remain at the scene of the crime and render reasonable assistance to an injured person, courts should have the discretion to impose an extended term of imprisonment.  The legislature believes that enhanced sentencing in these cases is warranted based on the offender's gross negligence and the need to protect the safety and welfare of the general public.

     Accordingly, the purpose of this Act, which shall be known as "Kaulana's Law", is to authorize the courts to impose an extended term of imprisonment for an offender who is convicted of negligent homicide in the first degree and did not remain at the scene of the crime and render reasonable assistance to an injured person.

     SECTION 2.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was eighteen years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant; [or]

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth[.]; or

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

Report Title:

Negligent Homicide; Extended Term of Imprisonment

 

Description:

Authorizes the courts to impose an extended term of imprisonment for an offender who is convicted of negligent homicide in the first degree and did not remain at the scene of the crime and render reasonable assistance to an injured person.  (HB2588 HD1)

 

 

 

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