HB 103: Penal Code; Sentencing; Life Without Parole; Persons Under Twenty-one

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 through a court decision, Massachusetts became the first state to ban life without parole sentences for individuals eighteen years old through twenty years old, considering those in this age group to be "emerging adults".  The court extended the bright line age cut-off from eighteen years of age to twenty years of age, in part, due to neuroscience research that supports that brain maturation continues through an individual's mid-twenties.

     The purpose of this Act is to prohibit sentencing defendants who were under the age of twenty-one at the time of the offense to life imprisonment without the possibility of parole.

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-     Life imprisonment without the possibility of parole; persons under the age of twenty-one; prohibited.  Notwithstanding any other law to the contrary, no person convicted of a crime who was under the age of twenty-one at the time of the offense shall be sentenced to life imprisonment without the possibility of parole."

     SECTION 3.  Section 706-656, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Persons [eighteen] twenty-one years of age or [over] older at the time of the offense who are convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment without the possibility of parole.

     As part of [such] the sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.

     Persons under the age of [eighteen] twenty-one years at the time of the offense who are convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment with the possibility of parole."

     SECTION 4.  Section 706-657, Hawaii Revised Statutes, is amended to read as follows:

     "§706-657  Enhanced sentence for second degree murder.  (a)  The court may sentence a person who was [eighteen] twenty-one years of age or [over] older at the time of the offense and who has been convicted of murder in the second degree to life imprisonment without the possibility of parole under section 706-656 if the court finds that the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity or that the person was previously convicted of the offense of murder in the first degree or murder in the second degree in this State or was previously convicted in another jurisdiction of an offense that would constitute murder in the first degree or murder in the second degree in this State.  [As used in this section, the phrase "especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime which is unnecessarily torturous to a victim and "previously convicted" means a sentence imposed at the same time or a sentence previously imposed which has not been set aside, reversed, or vacated.]

     (b)  Hearings to determine the grounds for imposing an enhanced sentence for second degree murder may be initiated by the prosecutor or by the court on its own motion.  The court shall not impose an enhanced term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed.  Subject to the provision of section 706-604, the defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue.

     (c)  The provisions pertaining to commutation in section 706-656(2)[,] shall apply to persons sentenced pursuant to this section.

     (d)  As used in this section:

     "Especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily torturous to a victim.

     "Previously convicted" means a sentence imposed at the same time or a sentence previously imposed that has not been set aside, reversed, or vacated."

     SECTION 5.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was [eighteen] twenty-one years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, the handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant;

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth; or

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Penal Code; Sentencing; Life Without Parole; Persons Under Twenty-one

Description:

Prohibits sentencing persons who were under the age of twenty-one at the time of the offense to life imprisonment without the possibility of parole.  (CD1)

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

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 through a court decision, Massachusetts became the first state to ban life without parole sentences for individuals eighteen years old through twenty years old, considering those in this age group to be "emerging adults".  The court extended the bright line age cut-off from eighteen years of age to twenty years of age, in part, due to neuroscience research that supports that brain maturation continues through an individual's mid-twenties.

     The purpose of this Act is to prohibit life without parole sentences for emerging adult defendants between eighteen and twenty-one years of age.

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-    Emerging adult defendants.  (1)  Notwithstanding any other law to the contrary, no emerging adult defendant shall be sentenced to life imprisonment without the possibility of parole.

     (2)  For the purposes of this section, "emerging adult defendant" means a person convicted of a crime who, at the time of the offense, is over eighteen years of age and less than twenty-one years of age."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Emerging Adult Defendant; Sentencing; Life Without Parole; Minors; Penal Code

Description:

Prohibits emerging adult defendants from being sentenced to life imprisonment without the possibility of parole.  (SD1)

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

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 through a court decision, Massachusetts became the first state to ban life without parole sentences for individuals eighteen years of old through twenty years old, considering those in this age group as "emerging adults".  The court extended the bright line age cut-off from eighteen years of age to twenty years of age in part due to neuroscience research that supports that brain maturation continues through an individual's mid-twenties.

     The purpose of this Act is to change the age for which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty-one years of age or older.

     SECTION 2.  Section 706-656, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Persons [eighteen] twenty-one years of age or [over] older at the time of the offense who are convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment without the possibility of parole.

     As part of such sentence, the court shall order the director of corrections and rehabilitation and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.

     Persons under the age of [eighteen] twenty-one years at the time of the offense who are convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment with the possibility of parole."

     SECTION 3.  Section 706-657, Hawaii Revised Statutes, is amended to read as follows:

     "§706-657  Enhanced sentence for second degree murder.  The court may sentence a person who was [eighteen] twenty-one years of age or [over] older at the time of the offense and who has been convicted of murder in the second degree to life imprisonment without the possibility of parole under section 706-656 if the court finds that the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity or that the person was previously convicted of the offense of murder in the first degree or murder in the second degree in this State or was previously convicted in another jurisdiction of an offense that would constitute murder in the first degree or murder in the second degree in this State.  As used in this section, the phrase "especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime which is unnecessarily torturous to a victim and "previously convicted" means a sentence imposed at the same time or a sentence previously imposed which has not been set aside, reversed, or vacated.

     Hearings to determine the grounds for imposing an enhanced sentence for second degree murder may be initiated by the prosecutor or by the court on its own motion.  The court shall not impose an enhanced term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed.  Subject to the provision of section 706-604, the defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue.

     The provisions pertaining to commutation in section 706-656(2), shall apply to persons sentenced pursuant to this section."

     SECTION 4.  Section 706-662, Hawaii Revised Statutes, is amended to read as follows:

     "§706-662  Criteria for extended terms of imprisonment.  A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:

     (1)  The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was [eighteen] twenty-one years of age or older;

     (2)  The defendant is a professional criminal in that:

          (a)  The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or

          (b)  The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;

     (3)  The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others.  Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;

     (4)  The defendant is a multiple offender in that:

          (a)  The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or

          (b)  The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;

     (5)  The defendant is an offender against the elderly, handicapped, or a minor eight years of age or younger in that:

          (a)  The defendant attempts or commits any of the following crimes:  murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and

          (b)  The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:

              (i)  Sixty years of age or older;

             (ii)  Blind, a paraplegic, or a quadriplegic; or

            (iii)  Eight years of age or younger; and

              the person's status is known or reasonably should be known to the defendant;

     (6)  The defendant is a hate crime offender in that:

          (a)  The defendant is convicted of a crime under chapter 707, 708, or 711; and

          (b)  The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.  For purposes of this subsection, "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth; or

     (7)  The defendant is convicted under section 707-702.5 and the defendant did not remain at the scene of the crime and render reasonable assistance to an injured person, including acts and omissions in violation of section 291C-12."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Sentencing; Life Without Parole; Minors; Penal Code

Description:

Changes the age for which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty-one years of age or older.

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

CONFERENCE COMMITTEE REP. NO. 54

Honolulu, Hawaii

                 , 2025

RE:    H.B. No. 103

       S.D. 1

       C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 103, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to prohibit life without parole sentences for emerging adult defendants who were over eighteen years of age but under twenty-one years of age at the time of the offense.

     Your Committee on Conference has amended this measure by:

     (1)  Prohibiting life without parole sentences for persons who were under the age of twenty-one at the time of the offense, instead of emerging adult defendants;

     (2)  Amending existing statutory language to change the age for which individuals are eligible for life without parole sentences or extended terms of imprisonment from eighteen years of age or older to twenty-one years of age or older; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 103, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 103, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO. 1080

Honolulu, Hawaii

RE:    H.B. No. 103

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 103 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

     The purpose and intent of this measure is to change the age at which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty—one years of age or older.

     Your Committee received testimony in support of this measure from the Office of the Public Defender and one individual.

     Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and two individuals.

     Your Committee finds that neuroscience and brain development research has demonstrated that brain maturation continues through an individual's mid-twenties, and that these individuals are sometimes referred to as "emerging adults".  Your Committee believes that, due to the research supporting continued brain maturation through early adulthood, an emerging adult who has committed a serious offense should have the opportunity for parole after establishing a clear pattern of rehabilitation as established by positive behaviors while in custody, such as taking advantage of educational opportunities, work opportunities, substance abuse counseling opportunities, and a clear commitment to living a life embracing change, sincere remorse, and service within the incarcerated communities.  This measure will give the Hawaii Paroling Authority more opportunities to encourage positive behavior and rehabilitation for emerging adults facing a lengthy sentence.

     Your Committee notes that this measure is not intended to prohibit the sentencing of defendants to life imprisonment with the possibility of parole or a potential lengthy minimum term of imprisonment for defendants between the ages of eighteen and twenty-one.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have amended existing law to change the age at which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty-one years of age or older;

     (2)  Inserting new statutory language that prohibits emerging adult defendants from being sentenced to life imprisonment without the possibility of parole;

     (3)  Defining "emerging adult defendant" as a person convicted of a crime who is over eighteen years of age and less than twenty-one years of age; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 103, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 103, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO.  807

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 103

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 103 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

     The purpose of this measure is to change the age for which individuals are eligible for life without parole sentences from eighteen years of age or older to twenty-one years of age or older.

     Your Committee received testimony in support of this measure from the Office of the Public Defender and Opportunity for Youth Action Hawaiʻi Kawailoa.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and one individual.

     Your Committee finds that juveniles are psychologically and developmentally different from adults and these differences should be recognized by the legal system.  Juveniles are extremely vulnerable to negative environments and are easily influenced by crime-producing influences, such as physical, sexual, and psychological abuse by family members, other adults, and older juveniles.  Juveniles are less capable than adults to consider the long-term impact of their actions, control their emotions and impulses, or evaluate risks and reward.  Juveniles do not have control over their living situations and may experience traumas related to family homelessness, abandonment, exposure to adult drug abuse, and the realities of living in poverty that create environments susceptible to gang involvement or exposure to adult criminal behaviors.  This measure raises the age to twenty-one years of age or older for which individuals are eligible for life without parole sentences.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 103 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,