REPORT TITLE:
Murder 2nd; Penalty


DESCRIPTION:
Imposes enhanced sentence of life imprisonment without
possibility of parole for murder in the 2nd degree in certain
circumstances. (HB1497 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1497
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                        
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:

 1      SECTION 1.  Section 706-661, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§706-661  Sentence of imprisonment for felony; extended
 
 4 terms.  In the cases designated in section 706-662, a person who
 
 5 has been convicted of a felony may be sentenced to an extended
 
 6 [indeterminate] term of imprisonment.  When ordering such a
 
 7 sentence, the court shall impose the maximum length of
 
 8 imprisonment which shall be as follows:
 
 9      (1)  For murder in the second degree--life without the
 
10           possibility of parole;
 
11     [(1)] (2)  For a class A felony--indeterminate life[;] term
 
12           of imprisonment;
 
13     [(2)] (3)  For a class B felony--indeterminate twenty
 
14           [years;] year term of imprisonment; and
 
15     [(3)] (4)  For a class C felony--indeterminate ten [years.]
 
16           year term of imprisonment.
 
17      The minimum length of imprisonment for sections 2, 3, and 4
 
18 shall be determined by the Hawaii paroling authority in
 
19 accordance with section 706-669."
 
20      SECTION 2.  This Act does not affect rights and duties that
 

 
Page 2                                                     1497
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, before its effective date.
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7