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HI HB2275
Bill
Status
1/22/2010
Primary Sponsor
Roy Takumi
Click for details
AI Summary
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Amends HRS Section 706-606.5(5) to expand sentencing options for repeat offenders with prior convictions, allowing consecutive sentences, lesser mandatory minimum sentences with written justification, or alternative programs.
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Permits defendants with qualifying prior convictions to be sentenced to alternative programs instead of prison if they are convicted of drug possession (dangerous, harmful, or detrimental drugs/marijuana under HRS Chapter 712) or drug paraphernalia possession under HRS Chapter 329.
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Restricts alternative program sentencing eligibility to cases where the prior conviction did not involve serious bodily injury or substantial bodily injury as defined in HRS Chapter 707.
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Requires defendants to be assessed by a certified substance abuse counselor as needing treatment due to dependency or abuse, with the court determining the current offense is related to the person's substance abuse dependency or addiction.
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Takes effect upon approval.
Legislative Description
Criminal Procedure; Sentencing
Last Action
(H) The committees on PBS recommend that the measure be HELD. The votes were as follows: 9 Ayes: Representative(s) Hanohano, Aquino, Awana, Keith-Agaran, M. Lee, Nakashima, Rhoads, Takumi, Yamashita; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Saiki, Souki, Pine.
1/28/2010