(1) Notwithstanding § 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:
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| Class A felony | 20 years to life | up to $50,000 |
| Class B felony | up to 10 years | up to $25,000 |
| Class C felony | up to 5 years | up to $10,000 |
| misdemeanor | up to 1 year | $2,000 |
For details, see
Haw. Rev. Stat. § 706-659,
Haw. Rev. Stat. § 706-660 and
Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 706-606.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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;
(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 § 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;
(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
(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 § 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 § 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 the expiration of the mandatory minimum term of imprisonment imposed pursuant to subsection (1).
(8) 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.
