HB 2074: Hawaii Law Enforcement Coalition Package; Public Safety; Hindering Prosecution; Accomplice Liability; Sanctions; Penalties

A BILL FOR AN ACT

Relating to Public Safety.

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

     SECTION 1.  The legislature finds that there is a need to hold accountable persons who have assisted offenders after the commission of serious crimes.  Often, these individuals are subject to limited sanctions for hindering prosecution in the first degree, a class C felony offense.

     The legislature further finds that, under existing law, accomplice liability, which subjects a person to the same level of penalty as the percipient actor, does not apply to actions or assistance provided after the offense is committed.  Thus, for example, an individual who assists a mass murderer by providing the offender shelter, food, or transportation after the commission of the offense would only be subject to a maximum penalty of a five-year prison term.  A person who provided similar assistance to a person who killed or attempted to kill a police officer would also be limited to a maximum penalty of a five-year prison term.

     The legislature believes that establishing a structure for more appropriate penalties, which takes into consideration the scope of the offenses and acts in question, will promote greater respect for the law, ensure offenders receive an appropriate sentence that reflects the seriousness of the offense, provide adequate deterrence for future criminal activity, and better protect the public.

     Accordingly, the purpose of this Act is to establish appropriate sanctions for offenders who render assistance and hinder the apprehension, prosecution, conviction, or punishment of another offender.

     SECTION 2.  Section 710-1029, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Hindering prosecution in the first degree is [a class C felony.] an offense one class or grade, as the case may be, lower than the offense committed by the other person; provided that when the offense committed by the other person is murder in any degree, hindering prosecution is a class A felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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.

Report Title:

Hawaii Law Enforcement Coalition Package; Public Safety; Hindering Prosecution; Accomplice Liability; Sanctions; Penalties

Description:

Establishes a gradient penalty structure for the offense of hindering prosecution in the first degree, based on the level of offense hindered.

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