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HB917
HOUSE OF REPRESENTATIVES
H.B. NO.
917
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO SENTENCING
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that Hawaii bears the shameful reputation, according to a 2024
article published by the Journal of Medical Internet Research, of being the
"methamphetamine capital of the United States".
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The article noted that methamphetamine abuse "is
highly prevalent in Hawaii, especially among Indigenous Pacific Peoples",
and also noted that from 2015 to 2018 1.5 per cent of Hawaiian residents used
methamphetamine annually, which was more than twice the national rate of 0.6
per cent.
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The legislature also finds that the according
to Hawaii News Now, in 2023, two hundred twenty people died with
methamphetamine in their system, which was ten per cent higher than the number
of people who died with same drug in their system in 2022.
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Further, one hundred seven
fentanyl-related deaths occurred statewide, in 2023, up seventy-nine
from 2022, for an increase of thirty-five per cent.
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The legislature
further finds that according to a recent study from the university of Hawaii at
Manoa, methamphetamine poisoning is the leading cause of fatal overdoses among
midlife and older adults in Hawaii.
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The
study determined that people who use drugs long-term in Hawaii tend to favor
methamphetamine, and this trend becomes more lethal as they age.
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The legislature believes that the use of
these drugs must be deterred.
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Accordingly, the purpose of this Act is to establish
a mandatory minimum term of imprisonment for persons convicted of offenses
based on the possession of methamphetamine or fentanyl.
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SECTION
2
.
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Section 706-620, Hawaii Revised Statutes, is
amended to read as follows:
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"
PART II.
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PROBATION
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�706-620
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Authority to withhold sentence of
imprisonment.
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A defendant who has
been convicted of a crime may be sentenced to a term of probation unless:
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(1)
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The
crime is first or second degree murder or attempted first or second degree
murder;
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(2)
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The
crime is a class A felony, except class A felonies defined in [
chapter
]
:
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(A)
�
Chapter
712, part IV,
but not including any offense
involving the possession of:
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(i)
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Methamphetamine, including its salts, isomers, salts of isomers,
and immediate precursors; or
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(ii)
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Fentanyl, including its isomers, esters, ethers, salts, and
salts of isomers;
and [
by section
]
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(B)
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Section
707-702;
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(3)
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The
defendant is a repeat offender under section‑706‑606.5;
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(4)
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The
defendant is a felony firearm offender as defined in section 706-660.1(2);
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(5)
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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
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(6)
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The
crime is cruelty to animals where ten or more pet animals were involved under
section 711-1108.5 or 711‑1109."
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SECTION
3
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Section 706-622.5, Hawaii Revised Statutes,
is amended by amending subsection (1) to read as follows:
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"(1)
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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:
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(a)
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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;
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(b)
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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
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(c)
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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."
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SECTION
4
.
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Section 706-659, Hawaii Revised Statutes, is
amended to read as follows:
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"
�706-659
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Sentence of imprisonment for class A felony.
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(1)
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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.
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The minimum length of
imprisonment shall be determined by the Hawaii paroling authority in accordance
with section 706-669.
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(2)
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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.
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When
ordering such a sentence, the court shall impose the maximum length of
imprisonment which shall be twenty years.
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The minimum length of imprisonment shall be determined by the Hawaii
paroling authority in accordance with section 706-669.
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(3)
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A person who has been convicted of the class A
felony defined in section 712-1241 based on the possession of:
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(a)
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Methamphetamine, including its salts,
isomers, salts of isomers, and immediate precursors; or
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(b)
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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.
"
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SECTION
5
.
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Section 706-660, Hawaii Revised Statutes, is
amended to read as follows:
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"
�706-660
�
Sentence of imprisonment for class B and C
felonies; ordinary terms; discretionary terms.
�
(1)
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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.
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When ordering such a sentence, the court
shall impose the maximum length of imprisonment which shall be as follows:
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(a)
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For a class B felony--ten years; and
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(b)
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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.
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(2)
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[
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.
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When
ordering a sentence under this subsection, the court shall impose a term of imprisonment,
which shall be as follows:
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(a)
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For a class B felony--ten years or
less, but not less than five years; and
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(b)
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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.
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(3)
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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:
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(a)
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Methamphetamine,
including its salts, isomers, salts of isomers, and immediate precursors; or
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(b)
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Fentanyl,
including its isomers, esters, ethers, salts, and salts of isomers,
shall be
sentenced to an indeterminate term of imprisonment.
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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.
"
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SECTION 6.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 7.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 8.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Imprisonment;
Mandatory Minimum; Methamphetamine; Fentanyl
Description:
Establishes
a mandatory minimum term of imprisonment for persons convicted of offenses
based on the possession of methamphetamine and fentanyl.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.