HI HB349

Changes mandatory minimum sentencing for repeat offenders to discretionary sentencing by replacing "shall" with "may" in Hawaii Revised Statutes section 706-606.5.

Applies to persons convicted of murder in the second degree, class A/B felonies, and specified class C felonies who have prior felony convictions, allowing judges discretion instead of automatic minimum prison terms.

Modifies sentencing minimums for repeat misdemeanor offenders (assault in the third degree, terroristic threatening, sexual assault in the fourth degree, property damage, theft, and shoplifting) from mandatory to discretionary when convicted on three or more separate occasions within three years.

Removes mandatory minimum sentences ranging from 1 year 8 months to 30 years depending on offense severity and number of prior convictions, enabling judges to consider individual circumstances.

Takes effect July 1, 2011, and does not affect penalties or proceedings that began before the effective date.