REPORT TITLE:
Crime


DESCRIPTION:
Clarifies cumulative punishment for both a felony involving
firearm possession and firearms possession. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3023
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO CRIME.



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

 1      SECTION 1.  Section 706-660.1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§706-660.1  Sentence of imprisonment for use of a firearm,
 
 4 semiautomatic firearm, or automatic firearm in a felony.(1)  A
 
 5 person convicted of a felony, where the person had a firearm in
 
 6 the person's possession or threatened its use or used the firearm
 
 7 while engaged in the commission of the felony, whether the
 
 8 firearm was loaded or not, and whether operable or not, may in
 
 9 addition to the indeterminate term of imprisonment provided for
 
10 the grade of offense be sentenced to a mandatory minimum term of
 
11 imprisonment without possibility of parole or probation the
 
12 length of which shall be as follows:
 
13      (a)  For murder in the second degree and attempted murder in
 
14           the second degree--up to fifteen years;
 
15      (b)  For a class A felony--up to ten years;
 
16      (c)  For a class B felony--up to five years; and
 
17      (d)  For a class C felony--up to three years.
 
18 The sentence of imprisonment for a felony involving the use of a
 
19 firearm as provided in this subsection shall not be subject to
 
20 the procedure for determining minimum term of imprisonment
 

 
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 1 prescribed under section 706-669; provided further that a person
 
 2 who is imprisoned in a correctional institution as provided in
 
 3 this subsection shall become subject to the parole procedure as
 
 4 prescribed in section 706-670 only upon the expiration of the
 
 5 term of mandatory imprisonment fixed under paragraph (a), (b),
 
 6 (c), or (d).
 
 7      (2)  A person convicted of a second firearm felony offense
 
 8 as provided in subsection (1) where the person had a firearm in
 
 9 the person's possession or threatened its use or used the firearm
 
10 while engaged in the commission of the felony, whether the
 
11 firearm was loaded or not, and whether operable or not, shall in
 
12 addition to the indeterminate term of imprisonment provided for
 
13 the grade of offense be sentenced to a mandatory minimum term of
 
14 imprisonment without possibility of parole or probation the
 
15 length of which shall be as follows:
 
16      (a)  For murder in the second degree and attempted murder in
 
17           the second degree--twenty years;
 
18      (b)  For a class A felony--thirteen years, four months;
 
19      (c)  For a class B felony--six years, eight months; and
 
20      (d)  For a class C felony--three years, four months.
 
21 The sentence of imprisonment for a second felony offense
 
22 involving the use of a firearm as provided in this subsection
 
23 shall not be subject to the procedure for determining a minimum
 

 
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 1 term of imprisonment prescribed under section 706-669; provided
 
 2 further that a person who is imprisoned in a correctional
 
 3 institution as provided in this subsection shall become subject
 
 4 to the parole procedure as prescribed in section 706-670 only
 
 5 upon expiration of the term of mandatory imprisonment fixed under
 
 6 paragraph (a), (b), (c), or (d).
 
 7      (3)  A person convicted of a felony, where the person had a
 
 8 semiautomatic firearm or automatic firearm in the person's
 
 9 possession or used or threatened its use while engaged in the
 
10 commission of the felony, whether the semiautomatic firearm or
 
11 automatic firearm was loaded or not, and whether operable or not,
 
12 shall in addition to the indeterminate term of imprisonment
 
13 provided for the grade of offense be sentenced to a mandatory
 
14 minimum term of imprisonment without possibility of parole or
 
15 probation the length of which shall be as follows:
 
16      (a)  For murder in the second degree and attempted murder in
 
17           the second degree--twenty years;
 
18      (b)  For a class A felony--fifteen years;
 
19      (c)  For a class B felony--ten years; and
 
20      (d)  For a class C felony--five years.
 
21 The sentence of imprisonment for a felony involving the use of a
 
22 semiautomatic firearm or automatic firearm as provided in this
 
23 subsection shall not be subject to the procedure for determining
 

 
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 1 a minimum term of imprisonment prescribed under section 706-669;
 
 2 provided further that a person who is imprisoned in a
 
 3 correctional institution as provided in this subsection shall
 
 4 become subject to the parole procedure as prescribed in section
 
 5 706-670 only upon expiration of the term of mandatory
 
 6 imprisonment fixed under paragraph (a), (b), (c), or (d).
 
 7      (4)  In this section:
 
 8      (a)  "Firearm" has the same meaning defined in section 134-1
 
 9           except that it does not include "semiautomatic firearm"
 
10           or "automatic firearm."
 
11      (b)  "Automatic firearm" has the same meaning defined in
 
12           section 134-1.
 
13      (c)  "Semiautomatic firearm" means any firearm that uses the
 
14           energy of the explosive in a fixed cartridge to extract
 
15           a fired cartridge and chamber a fresh cartridge with
 
16           each single pull of the trigger.
 
17      (5) A sentence to a mandatory minimum term of imprisonment
 
18 imposed under this section shall be in addition to and not in
 
19 lieu of any conviction and sentence for the felony of carrying or
 
20 use of a firearm in the commission of a separate felony pursuant
 
21 to section 134-6(a); provided that the sentence imposed under
 
22 this section may run concurrently or consecutively with a
 
23 sentence for the felony of carrying or use of a firearm in the
 

 
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 1 commission of a separate felony pursuant to section 134-6(a)."
 
 2      SECTION 2.  This Act shall not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 3.  New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.