RELATING TO SENTENCING.

SB3042

THE SENATE

S.B. NO.

3042

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO SENTENCING
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that there are
circumstances in which a sentencing court may find that a term of probation
would be more appropriate than an indeterminate term of incarceration or a
mandatory term of jail.
�
However, existing
law requires sentencing courts to impose mandatory minimum sentences for repeat
offenders, limiting judicial discretion.

����
The
legislature further finds that, in the interest of rehabilitation, courts have delayed
sentencing to allow defendants to complete substance abuse and other
rehabilitative programs, and have attempted to reduce mandatory minimum
sentences to facilitate rehabilitation outside of incarceration.
�
Despite these efforts, defendants are still
subject to indeterminate incarceration and must seek release through the Hawaii
paroling authority.
�
Serving an
indeterminate term as a sentenced felon can have detrimental effects on
individuals who have demonstrated rehabilitation.

����
The
legislature also finds that providing a narrow, discretionary exception for
certain class C felony cases would promote just and fair adjudication and align
with best practices for addressing substance addiction.
�
This exception would require specific judicial
findings, including that the defendant is not a danger to public safety, would
benefit from probation with appropriate terms and conditions, and would serve a
period of jail time as a condition of probation.

����
The
legislature additionally finds that allowing probation in select cases will
reduce incarceration costs and support rehabilitation, enabling defendants to
reintegrate as contributing members of society.
�

Furthermore, courts will still have the option to re-sentence defendants
if they fail to successfully complete probation or violate the terms and
conditions of probation.

����
The
purpose of this Act is to amend repeat offender sentencing provisions to allow
judges, under certain circumstances, to sentence defendants in class C felony
cases to probation with appropriate terms and conditions.

����
SECTION
2
.
�
Section
706-606.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�706-606.5
�
Sentencing of repeat
offenders.
�
(1)
�
[
Notwithstanding
]
Except as
provided in subsection (8), and notwithstanding
section 706-669 and any
other law to the contrary, any person convicted of murder in the second degree,
any class A felony, any class B felony, or any of the following class C
felonies:

����
(a)
�
Section 134-7
relating to persons prohibited from owning, possessing, or controlling firearms
or ammunition;

����
(b)
�
Section 134-8
relating to ownership, etc., of certain prohibited weapons;

����
(c)
�
Section 134-17
only as it relates to providing false information or evidence to obtain a
permit under section 134-9;

����
(d)
�
Section 188-23
relating to possession or use of explosives, electrofishing devices, and
poisonous substances in state waters;

����
(e)
�
Section
386-98(d)(1) relating to fraud violations and penalties;

����
(f)
�
Section
431:2-403(b)(2) relating to insurance fraud;

����
(g)
�
Section 707-703
relating to negligent homicide in the second degree;

����
(h)
�
Section 707-711
relating to assault in the second degree;

����
(i)
�
Section 707-713
relating to reckless endangering in the first degree;

����
(j)
�
Section 707-716
relating to terroristic threatening in the first degree;

����
(k)
�
Section 707-721
relating to unlawful imprisonment in the first degree;

����
(l)
�
Section 707-732
relating to sexual assault in the third degree;

����
(m)
�
Section 707-752
relating to promoting child abuse in the third degree;

����
(n)
�
Section 707-757
relating to electronic enticement of a child in the second degree;

����
(o)
�
Section 707-766
relating to extortion in the second degree;

����
(p)
�
Section 708-811
relating to burglary in the second degree;

����
(q)
�
Section 708-821
relating to criminal property damage in the second degree;

����
(r)
�
Section 708-831
relating to theft in the second degree;

����
(s)
�
Section 708-835.5
relating to theft of livestock;

����
(t)
�
Section 708-836
relating to unauthorized control of a propelled vehicle in the first degree;

����
(u)
�
Section 708-839.55
relating to unauthorized possession of confidential personal information;

����
(v)
�
Section 708-839.8
relating to identity theft in the third degree;

����
(w)
�
Section 708-852
relating to forgery in the second degree;

����
(x)
�
Section 708-854
relating to criminal possession of a forgery device;

����
(y)
�
Section 708-875
relating to trademark counterfeiting;

����
(z)
�
Section
709-906(8), (9), or (10) relating to abuse of family or household members;

����
(aa)

Section 710-1071
relating to intimidating a witness;

����
(bb)

Section 711-1103
relating to riot;

��
[
[
](cc)[
]
]
Section
712-1224 relating to possession of gambling records in the first degree;

��
[
[
](dd)[
]
]
Section
712-1247 relating to promoting a detrimental drug in the first degree; or

��
[
[
](ee)[
]
]
Section
846E-9 relating to failure to comply with covered offender registration
requirements,

or who is convicted of attempting to commit murder
in the second degree, any class A felony, any class B felony, or any of the
class C felony offenses enumerated above and who has a prior conviction or
prior convictions for the following felonies, including an attempt to commit
the same:
�
murder, murder in the first or
second degree, a class A felony, a class B felony, any of the class C felony
offenses enumerated above, or any felony conviction of another jurisdiction,
shall be sentenced to a mandatory minimum period of imprisonment without
possibility of parole as provided in subsection (2).

����
(2)
�

A mandatory minimum period of imprisonment without possibility of parole
during that period shall be imposed pursuant to subsection (1), as follows:

����
(a)
�
One prior felony
conviction:

���������
(i)
�
Where the instant
conviction is for murder in the second degree or attempted murder in the second
degree--ten years;

��������
(ii)
�
Where the instant
conviction is for a class A felony--six years, eight months;

�������
(iii)
�
Where the instant
conviction is for a class B
felony--three years, four months; and

��������
(iv)
�
Where the instant
conviction is for a class C felony offense enumerated above--one year, eight
months;

����
(b)
�
Two prior felony
convictions:

���������
(i)
�
Where the instant
conviction is for murder in the second degree or attempted murder in the second
degree--twenty years;

��������
(ii)
�
Where the instant
conviction is for a class A
felony--thirteen years, four months;

�������
(iii)
�
Where the instant
conviction is for a class B felony--six years, eight months; and

��������
(iv)
�
Where the instant
conviction is for a class C felony offense enumerated above--three years,
four months; and

����
(c)
�
Three or more
prior felony convictions:

���������
(i)
�
Where the instant
conviction is for murder in the second degree or attempted murder in the second
degree--thirty years;

��������
(ii)
�
Where the instant
conviction is for a class A felony--twenty years;

�������
(iii)
�
Where the instant
conviction is for a class B felony--ten years; and

��������
(iv)
�
Where the instant
conviction is for a class C felony offense enumerated above--five years.

����
(3)
�

Except as provided in subsection (4), a person shall not be sentenced to
a mandatory minimum period of imprisonment under this section unless the
instant felony offense was committed during the period as follows:

����
(a)
�
Within twenty
years after a prior felony conviction where the prior felony conviction was for
murder in the first degree or attempted murder in the first degree;

����
(b)
�
Within twenty
years after a prior felony conviction where the prior felony conviction was for
murder in the second degree or attempted murder in the second degree;

����
(c)
�
Within twenty
years after a prior felony conviction where the prior felony conviction was for
a class A felony;

����
(d)
�
Within ten years
after a prior felony conviction where the prior felony conviction was for a
class B felony;

����
(e)
�
Within five years
after a prior felony conviction where the prior felony conviction was for a
class C felony offense enumerated above;
or

����
(f)
�
Within the maximum
term of imprisonment possible after a prior felony conviction of another
jurisdiction.

����
(4)
�

If a person was sentenced for a prior felony conviction to a special
term under section 706-667, then the person shall not be sentenced to a
mandatory minimum period of imprisonment under this section unless the instant
felony offense was committed during that period as follows:

����
(a)
�
Within eight years
after a prior felony conviction where the prior felony conviction was for a
class A felony;

����
(b)
�
Within five years
after the prior felony conviction where the prior felony conviction was for a
class B felony;
or

����
(c)
�
Within four years
after the prior felony conviction where the prior felony conviction was for a
class C felony offense enumerated above.

����
(5)
�

Notwithstanding any other law to the contrary, any person convicted of
any of the following misdemeanor offenses:

����
(a)
�
Section 707-712
relating to assault in the third degree;

����
(b)
�
Section 707-717
relating to terroristic threatening in the second degree;

����
(c)
�
Section 707-733
relating to sexual assault in the fourth degree;

����
(d)
�
Section 708-822
relating to criminal property damage in the third degree;

����
(e)
�
Section 708-832
relating to theft in the third degree; [
and
]
or

����
(f)
�
Section
708-833.5(2) relating to misdemeanor shoplifting,

and who has been convicted of any of the offenses
enumerated above on at least three prior and separate occasions within three
years of the date of the commission of the present offense, shall be sentenced
to no less than nine months of imprisonment.
�

Whenever a court sentences a defendant under this subsection for an
offense under section 707-733, the court shall order the defendant to
participate in a sex offender assessment and, if recommended based on the assessment,
participate in the sex offender treatment program established by chapter 353E.

����
(6)
�

The sentencing court may impose the above sentences consecutive to any
sentence imposed on the defendant for a prior conviction, but the sentence
shall be imposed concurrent to the sentence imposed for the instant
conviction.
�
The court may impose a
lesser mandatory minimum period of imprisonment without possibility of parole
than that mandated by this section where the court finds that strong mitigating
circumstances warrant the action.
�
Strong
mitigating circumstances shall include, but shall not be limited to
,
the
provisions of section 706-621.
�
The court
shall provide a written opinion stating its reasons for imposing the lesser
sentence.

����
(7)
�

A person who is imprisoned in a correctional institution pursuant to
subsection (1) shall not be paroled [
prior to
]
before
the
expiration of the mandatory minimum term of imprisonment imposed pursuant to
subsection (1).

����
(8)
�
Notwithstanding the provisions of this
section, in any case to which this section applies, the sentencing court may
sentence the defendant to a term of probation after considering section 706-621
and making the following findings:

����
(a)
�
The offense for
which the defendant is to be sentenced is one of the class C felonies
enumerated above;

����
(b)
�
The defendant
would benefit from probation supervision and appropriate terms and conditions;

����
(c)
�
The defendant
does not pose a serious danger to public safety; and

����
(d)
�
Imposing a
n
indeterminate term of imprisonment with a mandatory minimum jail sentence would
pose a hardship on the defendant or on those that depend on the defendant for
support.

����
Any
sentence of probation shall include a term of imprisonment within the
parameters of section 706-624(2)(a), as a special condition of probation.

����
If
the defendant fails to complete the term of probation to which the defendant is
sentenced, or the court finds upon proper motion and adjudication that the
defendant has violated a substantial term or condition of probation, the court may
re-sentence the defendant to the indeterminate term of imprisonment with the
mandatory minimum term of imprisonment that could have been imposed at the time
of the original sentencing.

����
[
(8)
]
(9)
�
For purposes of this section:

����
(a)
�
Convictions under
two or more counts of an indictment or complaint shall be considered a single
conviction without regard to when the convictions occur;

����
(b)
�
A prior conviction
in this or another jurisdiction shall be deemed a felony conviction if it was
punishable by a sentence of death or of imprisonment in excess of one year; and

����
(c)
�
A conviction
occurs on the date judgment is entered."

����
SECTION
3
.
�
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 chapter 712, part IV, and by
section 707‑702;

����
(3)
�
The defendant is a
repeat offender under section 706‑606.5;
provided that the court may
invoke section 706-606.5(8) in sentencing the defendant;

����
(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 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 5.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Penal
Code; Sentencing; Repeat Offenders; Probation

Description:

Amends repeat
offender sentencing provisions to allow sentencing courts, under certain
circumstances, to sentence defendants in class C felony cases to probation with
appropriate terms and conditions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.