THE SENATE	S.B. NO.	3100
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to criminal procedure.

 

 

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

 

     SECTION 1.  Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  This chapter shall not apply when:

     (1)  The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;

     (2)  The offense charged is:

         (A)  A felony that involves the intentional, knowing, or reckless bodily injury[, substantial bodily injury, or serious bodily injury] of another person; or

         (B)  A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury[, substantial bodily injury, or serious bodily injury] of another person;

     (3)  The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;

     (4)  The offense charged is a class A felony;

     (5)  The offense charged is nonprobationable;

     (6)  The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;

     (7)  The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;

     (8)  The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;

     (9)  A firearm was used in the commission of the offense charged;

    (10)  The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;

    (11)  The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea status for a prior offense, regardless of whether the period of deferral has already expired;

    (12)  The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea status for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;

    (13)  The offense charged is:

         (A)  Escape in the first degree;

         (B)  Escape in the second degree;

         (C)  Promoting prison contraband in the first degree;

         (D)  Promoting prison contraband in the second degree;

         (E)  Bail jumping in the first degree;

         (F)  Bail jumping in the second degree;

         (G)  Bribery;

         (H)  Bribery of or by a witness;

         (I)  Intimidating a witness;

         (J)  Bribery of or by a juror;

         (K)  Intimidating a juror;

         (L)  Jury tampering;

         (M)  Promoting prostitution in the first degree;

         (N)  Promoting prostitution in the second degree;

         (O)  Abuse of family or household members;

         (P)  Sexual assault in the second degree;

         (Q)  Sexual assault in the third degree;

         (R)  A violation of an order issued pursuant to chapter 586;

         (S)  Promoting child abuse in the second degree;

          (T)  Promoting child abuse in the third degree;

         (U)  Electronic enticement of a child in the first degree;

         (V)  Electronic enticement of a child in the second degree;

         (W)  Prostitution pursuant to section 712-1200(1)(b);

         (X)  Street solicitation of prostitution under section 712-1207(1)(b);

         (Y)  Solicitation of prostitution near schools or public parks under section 712-1209; or

         (Z)  Habitual solicitation of prostitution under section 712-1209.5;

    (14)  The defendant has been charged with:

         (A)  Knowingly or intentionally falsifying any report required under chapter 11, part XIII with the intent to circumvent the law or deceive the campaign spending commission; or

         (B)  Violating section 11-352 or 11-353; or

    (15)  The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Criminal Procedure; Deferred Acceptance of Guilty Plea or Nolo Contendere Plea

 

Description:

Makes a deferred acceptance of guilty plea or nolo contendere plea unavailable to a defendant when the offense charged is a felony, misdemeanor, or petty misdemeanor that involves substantial or serious bodily injury of another person.

 

 

 

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