HB265

SECTION 1. Section 706-620, Hawaii Revised Statutes, is amended to read as follows:

"§706-620 Authority to withhold sentence of imprisonment. A defendant who has been convicted of a crime may be sentenced to a term of probation unless:

(1) The crime is first or second degree murder or attempted first or second degree murder;

(2) The crime is a class A felony, except class A felonies defined [in]:

(a) In chapter 712, part IV, but not including any offense involving the possession of:

(i) Methamphetamine, including its salts, isomers, salts of isomers, and immediate precursors; or

(ii) Fentanyl, including its isomers, esters, ethers, salts, and salts of isomers; and [by]

(b) By section 707‑702;

(3) The defendant is a repeat offender under section 706‑606.5;

(4) The defendant is a felony firearm offender as defined in section 706-660.1(2);

(5) The crime involved the death of or the infliction of serious or substantial bodily injury upon a child, an elder person, or a handicapped person under section 706-660.2; or

(6) The crime is cruelty to animals where ten or more pet animals were involved under section 711-1108.5 or 711‑1109."

SECTION 2. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section which constitute violations, involving the possession or use of drug paraphernalia or any felony offense under part IV of chapter 712 involving the possession or use of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712‑1240, but not including any offense under part IV of chapter 712 involving the distribution or manufacture of any such drugs or substances and not including any methamphetamine offenses under sections 712‑1240.7, 712‑1240.8 as that section was in effect before July 1, 2016, 712-1241, [~~and~~] 712-1242, and 712-1243 and not including any offense involving the possession of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers under sections 712-1241, 712-1242, and 712-1243, is eligible to be sentenced to probation under subsection (2) if the person meets the following criteria:

(a) The court has determined that the person is nonviolent after reviewing the person's criminal history, the factual circumstances of the offense for which the person is being sentenced, and any other relevant information;

(b) The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; and

(c) Except for those persons directed to substance abuse treatment under the supervision of the drug court, the person presents a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program."

SECTION 3. Section 706-659, Hawaii Revised Statutes, is amended to read as follows:

"§706-659 Sentence of imprisonment for class A felony. (1) Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, or section 707-702, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.

(2) A person who has been convicted of a class A felony defined in chapter 712, part IV, or section 707-702, may be sentenced to an indeterminate term of imprisonment, except as provided for in subsection (3), section 706-660.1 relating to the use of firearms in certain felony offenses, and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.

(3) A person who has been convicted of the class A felony defined in section 712-1241 based on the possession of:

(a) Methamphetamine, including its salts, isomers, salts of isomers, and immediate precursors; or

(b) Fentanyl, including its isomers, esters, ethers, salts, and salts of isomers,

shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of no less than one year."

SECTION 4. Section 706-660, Hawaii Revised Statutes, is amended to read as follows:

"§706-660 Sentence of imprisonment for class B and C felonies; ordinary terms; discretionary terms. (1) Except as provided in [~~subsection~~] subsections (2)[,] and (3), a person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:

(a) For a class B felony--ten years; and

(b) For a class C felony--five years.

The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.

(2) [A] Except as provided in subsection (3), a person who has been convicted of a class B or class C felony for any offense under part IV of chapter 712 may be sentenced to an indeterminate term of imprisonment; provided that this subsection shall not apply to sentences imposed under sections 706-606.5, 706-660.1, 712-1240.5, 712-1240.8 as that section was in effect prior to July 1, 2016, 712-1242, 712-1245, 712-1249.5, 712‑1249.6, 712-1249.7, and 712-1257.

When ordering a sentence under this subsection, the court shall impose a term of imprisonment, which shall be as follows:

(a) For a class B felony--ten years or less, but not less than five years; and

(b) For a class C felony--five years or less, but not less than one year.

The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.

(3) A person who has been convicted of the class B felony defined in section 712-1242 or class C felony defined in section 712-1243 based on the possession of:

(a) Methamphetamine, including its salts, isomers, salts of isomers, and immediate precursors; or

(b) Fentanyl, including its isomers, esters, ethers, salts, and salts of isomers,

shall be sentenced to an indeterminate term of imprisonment. When ordering such a sentence, the court shall impose the maximum length of imprisonment of ten years for the class B felony and five years for the class C felony, with a mandatory minimum term of imprisonment of no less than one year."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	265
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII