Bill Text: HI SB29 | 2010 | Regular Session | Introduced
Bill Title: Negligent Homicide; Mandatory Sentencing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB29 Detail]
Download: Hawaii-2010-SB29-Introduced.html
Report Title:
Negligent Homicide; Mandatory Sentencing
Description:
Removes age and previous criminal record as relevant considerations for sentencing and sets a mandatory minimum sentence for a felony conviction of first degree negligent homicide.
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THE SENATE |
S.B. NO. |
29 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sentencing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-606, Hawaii Revised Statutes, is amended to read as follows:
"§706-606 Factors to be considered in imposing a sentence. The court, in determining the particular sentence to be imposed, shall consider:
(1) The nature and circumstances of the offense [and
the];
(2) The history and characteristics of
the defendant[;],other than age or the absence of any previous criminal
record;
[(2)](3) The need for the sentence
imposed:
(a) To reflect the seriousness of the offense, to promote respect for law, and to provide just punishment for the offense;
(b) To afford adequate deterrence to criminal conduct;
(c) To protect the public from further crimes of the defendant; and
(d) To provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
[(3)](4) The kinds of sentences
available; and
[(4)](5) The need to avoid unwarranted
sentence disparities among defendants with similar records who have been found
guilty of similar conduct."
SECTION 2. Section 706-660, Hawaii Revised Statutes, is amended to read as follows:
"§706-660 Sentence of imprisonment for
class B and C felonies; ordinary terms. A person who has been convicted of
a class B or class C felony 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[.], and section 707-702.5 relating to
first degree negligent homicide. When ordering such a sentence, the court
shall impose the maximum length of imprisonment which shall be as follows:
(1) For a class B felony--10 years; and
(2) For a class C felony--5 years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669."
SECTION 3. Section 707-702.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§707-702.5[]]
Negligent homicide in the first degree. (1) A person is guilty of the
offense of negligent homicide in the first degree if that person causes the
death of another person by the operation of a vehicle in a negligent manner
while under the influence of drugs or alcohol.
(2) Negligent homicide in the first degree is a class B felony. Notwithstanding section 706-669, a person convicted of negligent homicide in the first degree under this section shall be sentenced to a mandatory minimum term of imprisonment without the possibility of parole for years."
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.
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INTRODUCED BY: |
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