Bill Text: HI HB393 | 2012 | Regular Session | Amended
Bill Title: Judicial Sentencing; Penal Code; Manslaughter; Negligent Homicide
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled - Dead) 2012-04-13 - (H) Received notice of all Senate conferees being discharged (Sen. Com. No. 747). [HB393 Detail]
Download: Hawaii-2012-HB393-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
393 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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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 revoke for life the license of any driver upon a conviction of the driver of manslaughter resulting from the operation of a motor vehicle. (b) Any court of competent jurisdiction shall forthwith revoke for a period of not less than five years but not more than ten years the license of any driver upon a conviction of the driver of negligent homicide in the first degree.
(c) Any court of competent jurisdiction shall forthwith revoke for a period of not less than two years but not more than five years the license of any driver upon a conviction of the driver of negligent homicide in the second degree."
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[,]
or 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. 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 on July 1, 2050.
Report Title:
Judicial Sentencing; Penal Code; Manslaughter; Negligent Homicide
Description:
Amends the driver's license revocation provision to require a lifetime revocation for manslaughter involving the operation of a vehicle, five to ten years for negligent homicide in the first degree, and two to five years for negligent homicide in the second degree. Allows for up to two years of imprisonment when a convicted defendant is sentenced to probation for manslaughter. Effective July 1, 2050. (HB393 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
