Bill Text: HI SCR48 | 2013 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 48 (Prior Session Legislation)

Introduced

Bill Title: Penal Code; Enhanced Sentencing; Extended Sentencing

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2013-03-05 - Referred to JDL/PSM. [SCR48 Detail]

Download: Hawaii-2013-SCR48-Introduced.html

THE SENATE	S.C.R. NO.	48
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the judiciary to convene a working group to examine hawaii's enhanced sentencing and extended sentencing laws.

WHEREAS, under Hawaii's enhanced sentencing law, section 706-657, Hawaii Revised Statutes, a person who has been convicted of second degree murder may be sentenced to life without the possibility of parole if the court finds that the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity or where the person was previously convicted of murder in the first or second degree; and

WHEREAS, while a conviction for second degree murder that involved a heinous, atrocious, or cruel act may warrant enhanced sentencing, it leaves the decision to pursue enhanced sentencing to the discretion of the prosecutor or the court and requires an entirely separate hearing after the trial; and

WHEREAS, under Hawaii's extended sentencing laws in sections 706-661 and 706-662, Hawaii Revised Statutes, the court may sentence a person to an extended term of imprisonment if certain criteria are met; and

WHEREAS, Hawaii's extended sentencing law seeks to address those situations involving convicted defendants whose records and situations suggest a need for extended incarceration to protect the public; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Judiciary is requested to convene a working group to examine Hawaii's enhanced sentencing and extended sentencing laws; and

BE IT FURTHER RESOLVED that the Judiciary is encouraged to include in the working group representatives from the:

(1) Department of the Attorney General;

(2) Department of Public Safety;

(3) Department of the Prosecuting Attorney of the City and County of Hawaii;

(4) Office of the Prosecuting Attorney of the County of Hawaii;

(5) Office of the Prosecuting Attorney of the County of Maui;

(6) Office of the Prosecuting Attorney of the County of Kauai;

(7) State Public Defender; and

(8) Hawaii State Bar Association Criminal Justice and Corrections Section; and

BE IT FURTHER RESOLVED that the working group is requested to:

(1) Determine the number of cases over the last ten years in which the prosecutor or court sought enhanced sentencing pursuant to section 706-657, Hawaii Revised Statutes, in cases involving a second degree murder conviction and the number of cases in which enhanced sentencing was granted;

(2) Determine the number of cases over the last ten years in which the prosecutor or court sought extended sentencing pursuant to section 706-661, Hawaii Revised Statutes, and the number of cases in which extended sentencing was granted;

(3) For cases in which extended sentencing was granted over the last ten years, examine the amount of time sentenced against the amount of time actually served; and

(4) Review the criteria for extended terms of imprisonment provided in section 706-662, Hawaii Revised Statutes, and determine whether further statutory clarity is necessary; and

BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2014 and be dissolved on June 30, 2014; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Administrator of the Courts, Attorney General, Director of Public Safety, Prosecuting Attorney of the City and County of Honolulu, Prosecuting Attorney of the County of Hawaii, Prosecuting Attorney of the County of Maui, Prosecuting Attorney of the County of Kauai, State Public Defender, and Chairperson of the Hawaii State Bar Association Criminal Justice and Corrections Section.