Bill Text: HI HB393 | 2011 | Regular Session | Amended
Bill Title: Judicial Sentencing; Penal Code; Manslaughter; Negligent Homicide
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled - Dead) 2011-04-25 - (H) Conference Committee Meeting will reconvene on Thursday 04-28-11 1:30PM in conference room 225. [HB393 Detail]
Download: Hawaii-2011-HB393-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
393 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-124, Hawaii Revised Statutes, is amended to read as follows:
"§286-124
Mandatory revocation of license by a court. (a) Any court of
competent jurisdiction shall [forthwith] immediately revoke the
license of any driver for a period of up to ten years upon a conviction
of the driver of manslaughter resulting from the operation of a motor vehicle.
(b) Any court of competent jurisdiction shall immediately revoke the license of any driver for a period of up to five years upon a conviction of the driver of negligent homicide in the first degree under section 707-702.5 or negligent homicide in the second degree under section 707-703."
SECTION 2. Section 706-624, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Discretionary conditions. The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706‑606(2), that the defendant:
(a) Serve a term of imprisonment not exceeding two
years in class A felony cases under part IV of chapter 712[,] and section
707-702, eighteen months in class B felony cases, one year in class C
felony cases, six months in misdemeanor cases, and five days in petty
misdemeanor cases; provided that notwithstanding any other provision of law,
any order of imprisonment under this subsection that provides for prison work
release shall require the defendant to pay thirty per cent of the defendant's
gross pay earned during the prison work release period to satisfy any
restitution order. The payment shall be handled by the adult probation
division and shall be paid to the victim on a monthly basis;
(b) Perform a specified number of hours of services to the community as described in section 706-605(1)(d);
(c) Support the defendant's dependents and meet other family responsibilities;
(d) Pay a fine imposed pursuant to section 706-605(1)(b);
(e) Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment;
(f) Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances;
(g) Refrain from frequenting specified kinds of
places or from associating unnecessarily with specified persons, including [but
not limited to] the victim of the crime, any witnesses, regardless of
whether they actually testified in the prosecution, law enforcement officers,
co-defendants, or other individuals with whom contact may adversely affect the
rehabilitation or reformation of the person convicted;
(h) Refrain from use of alcohol or any use of narcotic drugs or controlled substances without a prescription;
(i) Refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon;
(j) Undergo available medical or mental health treatment, including treatment for substance abuse dependency, and remain in a specified facility if required for that purpose;
(k) Reside in a specified place or area or refrain from residing in a specified place or area;
(l) Submit to periodic urinalysis or other similar testing procedure;
(m) Refrain from entering specified geographical areas without the court's permission;
(n) Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office, or any other location as may be approved by the person's probation officer pursuant to court order. As used in this paragraph, "dwelling place" includes the person's yard or, in the case of condominiums, the common elements;
(o) Comply with a specified curfew;
(p) Submit to monitoring by an electronic monitoring device; or
(q) Satisfy other reasonable conditions as the court may impose."
SECTION 3. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:
"§706-659 Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, or section 707-702, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of a class A felony defined in chapter 712, part IV, or section 707-702, may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706‑660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Judicial Sentencing; Penal Code; Manslaughter; Negligent Homicide
Description:
Amends the driver's license revocation provision to require a maximum license revocation period of up to ten years upon conviction of a driver for manslaughter involving the operation of a vehicle. Gives discretion to the courts to revoke the license of any driver for up to five years upon a conviction of a driver of negligent homicide in the first degree or negligent homicide in the second degree. Allows up to two years of imprisonment when a convicted defendant is sentenced to probation for manslaughter. Clarifies that probation is an applicable sentence for manslaughter. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
