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HI HB2074

Bill

Status

Passed

6/17/2022

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Amends HRS Section 706-671(3) to clarify that defendants cannot earn credit for presentence detention time that occurred while serving a sentence for a separate, unrelated felony conviction.

  • Changes the language from "convicted" to "sentenced" and specifies that periods of detention following arrest cannot be deducted from minimum and maximum sentence terms for the later crime if the defendant was simultaneously serving time for an unrelated felony.

  • Responds to the Hawaii Supreme Court's decision in State v. Abihai (2020), which held that defendants could receive credit for time served despite the original legislative intent to deny such credit.

  • Does not affect rights, duties, penalties, or proceedings that occurred before the Act's effective date.

  • Becomes effective upon approval.

Legislative Description

Relating To Credit For Time Of Detention Prior To Sentence.

Penal Code

Last Action

Act 110, on 06/17/2022 (Gov. Msg. No. 1210).

6/17/2022

Committee Referrals

Judiciary3/11/2022
Judiciary & Hawaiian Affairs1/28/2022

Full Bill Text

No bill text available