REPORT TITLE:
Enhanced Sent.; Sex Assault


DESCRIPTION:
Provides for enhanced sentencing of a defendant who uses a
controlled substance to facilitate the commission or attempted
commission of a felony sexual assault. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           586
TWENTIETH LEGISLATURE, 1999                                S.D.1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DISPOSITION OF CONVICTED DEFENDANTS.



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

 1      SECTION 1.  Section 706-662, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§706-662  Criteria for extended terms of imprisonment.  A
 
 4 convicted defendant may be subject to an extended term of
 
 5 imprisonment under section 706-661, if the convicted defendant
 
 6 satisfies one or more of the following criteria:
 
 7      (1)  The defendant is a persistent offender whose
 
 8           imprisonment for an extended term is necessary for
 
 9           protection of the public.  The court shall not make
 
10           this finding unless the defendant has previously been
 
11           convicted of two felonies committed at different times
 
12           when the defendant was eighteen years of age or older.
 
13      (2)  The defendant is a professional criminal whose
 
14           imprisonment for an extended term is necessary for
 
15           protection of the public.  The court shall not make
 
16           this finding unless:
 
17           (a)  The circumstances of the crime show that the
 
18                defendant has knowingly engaged in criminal
 
19                activity as a major source of livelihood; or
 
20           (b)  The defendant has substantial income or resources 
 

 
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 1 not explained to be derived from a source other than criminal
 
 2 activity.
 
 3      (3)  The defendant is a dangerous person whose imprisonment
 
 4           for an extended term is necessary for protection of the
 
 5           public.  The court shall not make this finding unless
 
 6           the defendant has been subjected to a psychiatric or
 
 7           psychological evaluation that documents a significant
 
 8           history of dangerousness to others resulting in
 
 9           criminally violent conduct, and this history makes the
 
10           defendant a serious danger to others.  Nothing in this
 
11           section precludes the introduction of victim-related
 
12           data in order to establish dangerousness in accord with
 
13           the Hawaii rules of evidence.
 
14      (4)  The defendant is a multiple offender whose criminal
 
15           actions were so extensive that a sentence of
 
16           imprisonment for an extended term is necessary for
 
17           protection of the public.  The court shall not make
 
18           this finding unless:
 
19           (a)  The defendant is being sentenced for two or more
 
20                felonies or is already under sentence of
 
21                imprisonment for a felony; or
 
22           (b)  The maximum terms of imprisonment authorized for
 
23                each of the defendant's crimes, if made to run
 

 
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 1                consecutively, would equal or exceed in length the
 
 2                maximum of the extended term imposed[,] or would
 
 3                equal or exceed forty years, if the extended term
 
 4                imposed is for a class A felony.
 
 5      (5)  The defendant is an offender against the elder,
 
 6           handicapped, or minor under the age of eight whose
 
 7           imprisonment for an extended term is necessary for the
 
 8           protection of the public.  The court shall not make
 
 9           this finding unless:
 
10           (a)  The defendant attempts or commits any of the
 
11                following crimes:  murder, manslaughter, a sexual
 
12                offense that constitutes a felony under chapter
 
13                707, robbery, felonious assault, burglary, or
 
14                kidnapping; and
 
15           (b)  The defendant, in the course of committing or
 
16                attempting to commit the crime, inflicts serious
 
17                or substantial bodily injury upon a person who is:
 
18                (i)  Sixty years of age or older;
 
19               (ii)  Blind, a paraplegic, or a quadriplegic; or
 
20              (iii)  Eight years of age or younger; and
 
21           (c)  [Such] The disability is known or reasonably
 
22                should be known to the defendant.
 
23      (6)  The defendant uses a controlled substance to facilitate
 

 
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 1           the commission, or attempted commission of a felony
 
 2           sexual assault."
 
 3      SECTION 2.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10