Bill Text: HI SB2247 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal Sentencing; Certain Offenses Committed in the Presence of a Minor

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2016-03-10 - Referred to JUD, referral sheet 26 [SB2247 Detail]

Download: Hawaii-2016-SB2247-Introduced.html

THE SENATE

S.B. NO.

2247

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sentencing.

 

 

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

 


     SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§706-     Sentencing in offenses involving assault committed in the presence of the victim's minor child.  In addition to the factors considered under section 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed:

     (a)  The defendant has been convicted of committing or attempting to commit an offense under section 707-710 (assault in the first degree), 707-711 (assault in the second degree), or 707-730 (sexual assault in the first degree); and

     (b)  The offense contemporaneously occurred in the actual physical presence of a minor child of the victim or with the defendant's knowledge that a minor child of the victim was present and might hear or see the offense."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Criminal Sentencing; Assault Committed in the Presence of Victim's Minor Child

 

Description:

Provides that the commission of certain offenses of assault in the presence of the victim's minor child is an aggravating factor in the sentencing of the defendant convicted of the offense.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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