2014 Honolulu Prosecuting Attorney Legislative Package
HB1639, SB2093, and SB2076 RELATING TO UNLICENSED CONTRACTOR FRAUD.
Clarifies the offense of unlicensed contractor fraud by specifying that the “intent to deprive” may be formed before or after the person obtains or exerts control over the property of another.
HB1640 and SB2094 RELATING TO COMPUTER DAMAGE.
Redefines the offense of computer damage in the first degree as intentionally causing or attempting to cause damage to a critical infrastructure computer and increases it to a class A felony; defines “critical infrastructure computer”. Redefines the offense of computer damage in the second degree. Creates a new offense of computer damage in the third degree.
HB1641 and SB2095 RELATING TO GOVERNMENTAL ACCESS TO STORED COMMUNICATIONS.
Requires law enforcement to obtain: (1) a search warrant to compel production of the contents of electronic communications; and (2) a court order to compel production of historical transactional records.
HB1642 and SB2096 RELATING TO VIOLATION OF PRIVACY.
Broadens the offense of violation of privacy in the first degree to include distributing images of the intimate body parts of another, with intent to cause serious emotional distress.
HB1643 and SB2097 RELATING TO PEN REGISTERS.
Amends the definition of “pen register” to include cell phones and other communication devices among those that the numbers transmitted to and from may be recorded.
HB1644 and SB2098 RELATING TO THEFT OF COMPUTERS.
Broadens the offense of theft in the second degree to include theft of a computer.
HB1645 and SB2099 RELATING TO REPEAT OFFENDERS.
Amends section 706-606.5(4), HRS, to extend misdemeanor repeat offender sentencing to any misdemeanor offense under chapter 708, HRS (property crimes). Increases the relevant period for prior convictions from 3 years to 5 years and increases the length of imprisonment from 9 months to 3 years.
HB1646, SB2100, and SB2027 RELATING TO CORRECTIONAL FACILITIES.
Appropriates funds for FY 2014-2015 for the department of public safety to build and operate a new medium-security correctional facility.
HB1647, SB2101, and SB2028 RELATING TO APPROPRIATIONS TO THE DEPARTMENT OF THE PROSECUTING ATTORNEY OF THE CITY AND COUNTY OF HONOLULU.
Appropriates funds to the department of the prosecuting attorney of the city and county of Honolulu for the career criminal prosecution unit, victim witness assistance program, veterans court, drug court, and Hawaii’s opportunity probation with enforcement program. Effective 07/01/14. These are all programs that were mandated by the State of Hawaii and has increased the costs and personnel for the Department of the Honolulu Prosecuting Attorney.
Honolulu Prosecuting Attorney Carry-Over Bills from 2013
HB232 RELATING TO SENTENCE OF IMPRISONMENT FOR SEXUAL ASSAULT OF A MINOR UNDER THE AGE OF TWELVE YEARS.
Requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of 12 years. (H ) 1/31/2013 – The committee(s) on JUD recommend(s) that the measure be deferred. (JUD, FIN)
SB422 RELATING TO SENTENCE OF IMPRISONMENT FOR SEXUAL ASSAULT OF A MINOR UNDER THE AGE OF TWELVE YEARS.
Requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of 12 years. (S ) 1/22/2013 – Referred to JDL.
SB880 SD1 HD2 RELATING TO SENTENCE OF IMPRISONMENT FOR SEXUAL ASSAULT OF A MINOR UNDER THE AGE OF TWELVE YEARS.
Requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of twelve years. Effective July 1, 2050.
HB233 RELATING TO COMMERCIAL DOG BREEDERS.
Establishes licensing requirements and minimum standards of care for commercial dog breeders. Effective 07/01/2013. (H ) 2/1/2013 – The committee(s) on EDB recommend(s) that the measure be deferred. (EDB, JUD/CPC)
SB414 SD2 RELATING TO COMMERCIAL DOG BREEDERS.
(H ) 3/7/2013 – Referred to EDB, CPC/JUD.
HB234 HD1 RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
Creates standards and procedures for income-withholding for purposes of enforcing restitution orders. Extends victims’ access to adult probation records for purposes of enforcing restitution orders. Applies bail court-ordered restitution case. Appropriation. Effective July 1, 2112. (H ) 2/8/2013 – Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD. (CPC, JUD, FIN)
SB 415 RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
Amends the definition of “debt” in section 231-52, HRS, to include court-ordered restitution subject to civil enforcement. Removes court’s authority to revoke restitution once ordered. Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders. Extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case. (S ) 1/22/2013 – Referred to JDL, WAM.
SB873 SD2 HD1 Collection of Restitution for Crime Victims; Appropriation RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
Creates standards and procedures for income-withholding for purposes of enforcing restitution orders. Amends the definition of “debt” relating to the recovery of money owed to the State to include court-ordered restitution subject to civil enforcement. Provides priority of income withholding orders. Extends victims’ access to adult probation records to include access to payment compliance records. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case. Makes an unspecified appropriation to the Judiciary. Effective July 1, 2013. (S ) 4/26/2013 – Conference committee meeting to reconvene on 04-26-13 4:15PM in conference room 325.
HB236 HD1 RELATING TO THE RIGHTS OF VICTIMS.
Requires that crime victims, or their immediate surviving family members, receive notice of a determination that an offender is unfit to stand trial and any subsequent discharge or commitment, and the offender’s unauthorized absences. (H ) 2/15/2013 – Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN. (JUD, FIN)
SB417 RELATING TO THE RIGHTS OF VICTIMS.
Amends crime victims’ bill of rights to include notice as to an offender’s unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of an offender’s unauthorized absences to the department of the prosecuting attorney in the county where the crime was committed. (S ) 1/22/2013 – Referred to HTH/PSM, JDL.
SB869 RELATING TO THE RIGHTS OF VICTIMS.
Amends crime victims’ bill of rights to include notice as to an offender’s unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of an offender’s unauthorized absences to the department of the prosecuting attorney in the county where the crime was committed. (S ) 2/13/2013 – Re-Referred to HTH/PSM/JDL.
HB237 HD1 RELATING TO ALTERNATIVE SCHOOLS FOR JUVENILES INVOLVED IN THE JUSTICE SYSTEM.
Appropriates funds to the Department of Education for two additional alternative schools. Requires the Department of Education to develop enrollment criteria and a referral and placement process. (H ) 2/15/2013 – Report adopted; referred to the committee(s) on FIN. (EDN, JUD, FIN)
SB419 SD1 RELATING TO ALTERNATIVE SCHOOLS FOR JUVENILES INVOLVED IN THE JUSTICE SYSTEM.
Appropriates funds to the department of education for two additional alternative schools to facilitate the ongoing education of juveniles involved in the justice system. Effective 7/1/2050. (S ) 2/12/2013 – Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. (EDU/JDL, WAM)
HB238 HD1 RELATING TO WITNESSES.
Amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases. Provides an additional unspecified amount as a per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight. Effective 07/01/2030. (S ) 3/7/2013 – Referred to JDL, WAM.
SB418 RELATING TO WITNESSES.
Amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight. (S ) 1/22/2013 – Referred to JDL, WAM.
SB879 SD1 HD2 RELATING TO WITNESSES.
Increases the per diem payments for out-of-state witnesses in criminal cases. Provides an additional per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight. Effective July 1, 2030. (S ) 4/26/2013 – Conference committee meeting to reconvene on 04-26-13 4:15PM in conference room 325.
HB239 RELATING TO THE PAYMENT OF RESTITUTION BY MINORS.
Requires the family court, when requested by the victim, to order the adjudicated minor to make restitution to the victim. Requires the family court to order the parents of the adjudicated minor to pay the remainder of the restitution, if any. (H ) 1/31/2013 – The committee(s) on JUD recommend(s) that the measure be deferred. (JUD, FIN)
SB420 RELATING TO THE PAYMENT OF RESTITUTION BY MINORS.
Requires the family court, when requested by the victim, to order the adjudicated minor to make restitution to the victim. Requires the family court to order the parents of the adjudicated minor to pay the remainder of the restitution, if any. (S ) 1/22/2013 – Referred to JDL, WAM.
HB240 RELATING TO ENHANCED SENTENCES FOR CRIMES THAT RESULT IN MULTIPLE VICTIMS.
Requires courts to sentence a person convicted of a misdemeanor involving physical harm to five or more persons or pet animals in any one instance to one year of imprisonment. (H ) 1/22/2013 – Referred to JUD, FIN.
SB421 RELATING TO ENHANCED SENTENCES FOR CRIMES THAT RESULT IN MULTIPLE VICTIMS.
Requires courts to sentence a person convicted of a misdemeanor involving physical harm to five or more persons or pet animals in any one instance to one year of imprisonment. (S ) 1/22/2013 – Referred to JDL.
JON RIKI KARAMATSU 