REPORT TITLE:
Habitual criminal behavior


DESCRIPTION:
Creates a class of offenses against persons and property; makes
the multiple offender of any of these offenses subject to a
mandatory minimum sentence of nine months of jail where the
person is convicted on at least three prior and separate
occasions of any of the specified misdemeanor offenses within a
three-year period. (CD1)

 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HABITUAL CRIMINAL BEHAVIOR.



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

 1      SECTION 1.  Section 706-606.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�706-606.5  Sentencing of repeat offenders.  (1)
 
 4 Notwithstanding section 706-669 and any other law to the
 
 5 contrary, any person convicted of murder in the second degree,
 
 6 any class A felony, any class B felony, or any of the following
 
 7 class C felonies:  section 707-703 relating to negligent homicide
 
 8 in the first degree; 707-711 relating to assault in the second
 
 9 degree; 707-713 relating to reckless endangering in the first
 
10 degree; 707-716 relating to terroristic threatening in the first
 
11 degree; 707-721 relating to unlawful imprisonment in the first
 
12 degree; 707-732 relating to sexual assault or rape in the third
 
13 degree; 707-735 relating to sodomy in the third degree; 707-736
 
14 relating to sexual abuse in the first degree; 707-751 relating to
 
15 promoting child abuse in the second degree; 707-766 relating to
 
16 extortion in the second degree; 708-811 relating to burglary in
 
17 the second degree; 708-821 relating to criminal property damage
 
18 in the second degree; 708-831 relating to theft in the first
 
19 degree as amended by Act 68, Session Laws of Hawaii 1981; 708-831
 
20 relating to theft in the second degree; 708-835.5 relating to 
 

 
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 1 theft of livestock; 708-836 relating to unauthorized control of
 
 2 propelled vehicle; 708-852 relating to forgery in the second
 
 3 degree; 708-854 relating to criminal possession of a forgery
 
 4 device; 708-875 relating to trademark counterfeiting; [710-1031
 
 5 relating to intimidation of a correctional worker;] 710-1071
 
 6 relating to intimidating a witness; 711-1103 relating to riot;
 
 7 712-1203 relating to promoting prostitution in the second degree;
 
 8 712-1221 relating to gambling in the first degree; 712-1224
 
 9 relating to possession of gambling records in the first degree;
 
10 712-1243 relating to promoting a dangerous drug in the third
 
11 degree; 712-1247 relating to promoting a detrimental drug in the
 
12 first degree; 134-7 relating to ownership or possession of
 
13 firearms or ammunition by persons convicted of certain crimes;
 
14 134-8 relating to ownership, etc., of prohibited weapons; 134-9
 
15 relating to permits to carry, or who is convicted of attempting
 
16 to commit murder in the second degree, any class A felony, any
 
17 class B felony, or any of the class C felony offenses enumerated
 
18 above and who has a prior conviction or prior convictions for the
 
19 following felonies, including an attempt to commit the same:
 
20 murder, murder in the first or second degree, a class A felony, a
 
21 class B felony, any of the class C felony offenses enumerated
 
22 above, or any felony conviction of another jurisdiction shall be
 
23 sentenced to a mandatory minimum period of imprisonment without
 

 
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 1 possibility of parole during such period as follows:
 
 2      (a)  One prior felony conviction:
 
 3           (i)  Where the instant conviction is for murder in the
 
 4                second degree or attempted murder in the second
 
 5                degree--ten years;
 
 6          (ii)  Where the instant conviction is for a class A
 
 7                felony--six years, eight months;
 
 8         (iii)  Where the instant conviction is for a class B
 
 9                felony--three years, four months;
 
10          (iv)  Where the instant conviction is for a class C
 
11                felony offense enumerated above--one year, eight
 
12                months;
 
13      (b)  Two prior felony convictions:
 
14           (i)  Where the instant conviction is for murder in the
 
15                second degree or attempted murder in the second
 
16                degree--twenty years;
 
17          (ii)  Where the instant conviction is for a class A
 
18                felony--thirteen years, four months;
 
19         (iii)  Where the instant conviction is for a class B
 
20                felony--six years, eight months;
 
21          (iv)  Where the instant conviction is for a class C
 
22                felony offense enumerated above--three years, four
 
23                months;
 

 
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 1      (c)  Three or more prior felony convictions:
 
 2           (i)  Where the instant conviction is for murder in the
 
 3                second degree or attempted murder in the second
 
 4                degree--thirty years;
 
 5          (ii)  Where the instant conviction is for a class A
 
 6                felony--twenty years;
 
 7         (iii)  Where the instant conviction is for a class B
 
 8                felony--ten years;
 
 9          (iv)  Where the instant conviction is for a class C
 
10                felony offense enumerated above--five years.
 
11      (2)  Except as in subsection (3), a person shall not be
 
12 sentenced to a mandatory minimum period of imprisonment under
 
13 this section unless the instant felony offense was committed
 
14 during such period as follows:
 
15      (a)  Within twenty years after a prior felony conviction
 
16           where the prior felony conviction was for murder in the
 
17           first degree or attempted murder in the first degree;
 
18      (b)  Within twenty years after a prior felony conviction
 
19           where the prior felony conviction was for murder in the
 
20           second degree or attempted murder in the second degree;
 
21      (c)  Within twenty years after a prior felony conviction
 
22           where the prior felony conviction was for a class A
 
23           felony;
 

 
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 1      (d)  Within ten years after a prior felony conviction where
 
 2           the prior felony conviction was for a class B felony;
 
 3      (e)  Within five years after a prior felony conviction where
 
 4           the prior felony conviction was for a class C felony
 
 5           offense enumerated above;
 
 6      (f)  Within the maximum term of imprisonment possible after
 
 7           a prior felony conviction of another jurisdiction.
 
 8      (3)  If a person was sentenced for a prior felony conviction
 
 9 to a special term under section 706-667, then the person shall
 
10 not be sentenced to a mandatory minimum period of imprisonment
 
11 under this section unless the instant felony offense was
 
12 committed during such period as follows:
 
13      (a)  Within eight years after a prior felony conviction
 
14           where the prior felony conviction was for a class A
 
15           felony;
 
16      (b)  Within five years after the prior felony conviction
 
17           where the prior felony conviction was for a class B
 
18           felony;
 
19      (c)  Within four years after the prior felony conviction
 
20           where the prior felony conviction was for a class C
 
21           felony offense enumerated above.
 
22      (4)  Notwithstanding any other law to the contrary, any
 
23 person convicted of any of the following misdemeanor offenses:
 

 
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 1      (a)  Section 707-712 relating to assault in the third
 
 2           degree;
 
 3      (b)  Section 707-717 relating to terroristic threatening in
 
 4           the second degree;
 
 5      (c)  Section 707-733 relating to sexual assault in the
 
 6           fourth degree;
 
 7      (d)  Section 708-822 relating to criminal property damage in
 
 8           the third degree;
 
 9      (e)  Section 708-832 relating to theft in the third degree;
 
10           and
 
11      (f)  Section 708-833.5(2) relating to misdemeanor
 
12           shoplifting,
 
13 and who has been convicted of any of the offenses enumerated
 
14 above on at least three prior and separate occasions within three
 
15 years of the date of the commission of the present offense, shall
 
16 be sentenced to no less than nine months of imprisonment.
 
17 Whenever a court sentences a defendant under this subsection for
 
18 an offense under section 707-733, the court shall order the
 
19 defendant to participate in a sex offender assessment and, if
 
20 recommended based on the assessment, participate in the sex
 
21 offender treatment program established by chapter 353E.
 
22      [(4)] (5)  The sentencing court may impose the above
 
23 sentences consecutive to any sentence imposed on the defendant
 

 
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 1 for a prior conviction, but such sentence shall be imposed
 
 2 concurrent to the sentence imposed for the instant conviction.
 
 3 The court may impose a lesser mandatory minimum period of
 
 4 imprisonment without possibility of parole than that mandated by
 
 5 this section where the court finds that strong mitigating
 
 6 circumstances warrant such action.  Strong mitigating
 
 7 circumstances shall include, but shall not be limited to the
 
 8 provisions of section 706-621.  The court shall provide a written
 
 9 opinion stating its reasons for imposing the lesser sentence.
 
10      [(5)] (6)  A person who is imprisoned in a correctional
 
11 institution pursuant to subsection (1) shall not be paroled prior
 
12 to the expiration of the mandatory minimum term of imprisonment
 
13 imposed pursuant to subsection (1).
 
14      [(6)] (7)  For purposes of this section:
 
15      (a)  Convictions under two or more counts of an indictment
 
16           or complaint shall be considered a single conviction
 
17           without regard to when the convictions occur;
 
18      (b)  A prior conviction in this or another jurisdiction
 
19           shall be deemed a felony conviction if it was
 
20           punishable by a sentence of death or of imprisonment in
 
21           excess of one year; and
 
22      (c)  A conviction occurs on the date judgment is entered."
 

 
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 1      SECTION 2.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval. 
 

 
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