HB2125

Report Title:

Mandatory Sentence of Imprisonment; Use of Firearms in a Felony

 

Description:

Requires, rather than allows, the imposition of a minimum term of imprisonment without possibility of parole or probation for first-time felony convictions where the defendant has used a firearm in the commission of the offense.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	2125
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to the Hawaii penal code.

 

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

SECTION 1. The legislature finds that the Hawaii penal code provides for the imposition of a mandatory term of imprisonment if the defendant has used a firearm in the commission of a second felony offense, or if the offense involved the use of a semiautomatic firearm or automatic firearm. However, the legislature finds that the so-called "mandatory" sentence for a first-time felony conviction is not in fact mandatory. The purpose of this Act is to remove the discretion of the court to impose a mandatory minimum term of imprisonment for first-time felony convictions where the defendant has used a firearm in the commission of the offense.

SECTION 2. Section 706-660.1, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person convicted of a felony, where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, [may] shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:

(a) For murder in the second degree and attempted murder in the second degree--up to fifteen years;

(b) For a class A felony--up to ten years;

(c) For a class B felony--up to five years; and

(d) For a class C felony--up to three years.

The sentence of imprisonment for a felony involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon the expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________