Bill Text: HI SB968 | 2010 | Regular Session | Amended

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Bill Title: Correctional Facility; Escape

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB968 Detail]

Download: Hawaii-2010-SB968-Amended.html

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STAND. COM. REP. NO. 592

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 968

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 968 entitled:

 

"A BILL FOR AN ACT RELATING TO ESCAPE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to add an element to the offense of escape in the second degree to provide for knowingly failing to present oneself to a correctional facility or detention center to serve a term of custody or confinement as ordered by the court.

 

     Your Committee received one testimony in support of and one in opposition to this measure.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     This measure addresses the situation wherein a person is sentenced to incarceration and is allowed a period of time after sentencing to attend to personal matters before appearing at the correctional facility.  Currently, in the event the person does not show up to serve the sentence, the only offense for not appearing is a contempt of court.

 

     Your Committee notes the concerns of the Office of the Public Defender that this measure is not necessary since current law covers the situation in the offense of bail jumping in the first degree.

 

     Your Committee has amended this measure by:

 

(1)  Applying the offense to only a scheduled confinement for felony conviction;

 

(2)  Changing the effective date to July 1, 2050 to continue the discussions on this matter; and

 

(3)  Making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 968, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 968, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair