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.

 

THE SENATE	S.B. NO.	29
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

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.

 

INTRODUCED BY:	_____________________________