Bill Text: HI HB934 | 2017 | Regular Session | Introduced
Bill Title: Relating To Crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-27 - Referred to JUD, referral sheet 4 [HB934 Detail]
Download: Hawaii-2017-HB934-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
934 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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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. The legislature finds that perpetrators of criminal misdemeanors and petty misdemeanors are radically changing Hawaii from a paradise where no one locks their doors, to a state where theft, trespassing, expropriating public spaces, illegally dumping trash and human waste, graffiti vandalism, and many other "minor offenses" are undermining the quality of life. Under the current administration, sentences are too short to deter malicious conduct, and not long enough to rehabilitate offenders through alternative sentencing.
The legislature further finds that many persons disadvantaged by mental illness, substance addiction, homelessness, or other catastrophic life events place the State in an untenable position. Pursuant to federal law, these persons have a right to refuse psychiatric care, shelter, and other forms of assistance. Many of the individuals hindered by the disadvantages enumerated above sometimes find it difficult to live their daily lives without breaking the law, and are inadvertently infringing on the constitutional rights of others.
The purpose of this Act, which shall be known as the "Tough Love Act", is twofold:
(1) Allow courts to impose an enhanced sentence of not less than one year and not more than five years of imprisonment on a person convicted of a misdemeanor or petty misdemeanor, if the person has ten or more prior convictions for a petty misdemeanor or higher grade of offense, in any combination and from any jurisdiction during the person's lifetime; and
(2) Simultaneously allow courts to order alternative sentencing for qualifying disadvantaged persons.
SECTION 2. Section 706-663, Hawaii Revised Statutes, is amended to read as follows:
"§706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to:
(1) [imprisonment] Imprisonment
for a definite term to be fixed by the court and not to exceed one year in the
case of a misdemeanor or thirty days in the case of a petty misdemeanor,
subject to earlier release pursuant to section 353-36[.]; or
(2) Imprisonment for a definite term to be fixed by the court of not less than one year and not more than five years, subject to earlier release pursuant to section 353-36 and alternative sentencing pursuant to section 706-605.1, if the person has ten or more prior convictions for a petty misdemeanor or higher grade of offense, in any combination and from any jurisdiction during the person's lifetime."
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, 2017.
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INTRODUCED BY: |
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Report Title:
Penal Code; Sentencing; "Tough Love Act"
Description:
Allows a court to sentence a person convicted of a misdemeanor or petty misdemeanor offense to a term of imprisonment of 1 to 5 years, if the person has 10 or more prior convictions for a petty misdemeanor or higher grade of offense, subject to earlier release and alternative sentencing opportunities.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
