Senate Standing Committee on Judiciary

Okay, welcome everyone. Those who are listening and the Members who are here and staff appreciate you all being here today. We have a short DM agenda. First up on SB decision making, only agenda SB. I'm sorry I forgot to mention this is the Judiciary Committee, by the way, this is our 1045 agenda. Senate Bill 2731 is the first one.

This limits the maximum term of imprisonment for misdemeanors or for offenses punishable by up to or not exceeding one year to 364 days. Allows individuals previously sentenced to a one year term of imprisonment to apply to the court for a sentence modification to conform to the new limit. The recommendation here is to pass with amendments.

I'm going to restrict it to non violent crimes. So we'll use the, there's a list of violent crimes in HRS 134-1. So this bill will include, I mean this, this section includes all crimes, but of course this bill only applies to crimes with max of 365 days.

But that's the list that we would be, they would be looking at for determining whether or not it's violent. So this will not apply to violent crimes. Questions or concerns? if not, Sir Gabbard.

Chair's recommendation on SB 2731 is to pass with a memo. [ROLL CALL] Measure's adopted.

Thank you. Next up is SB 2830. This extends the statute of limitations for offenses based on misconduct in office by public service to allow prosecution anytime during the defendant's period of public service, service and up to 10 years thereafter. Recommendation here is to pass with a couple of clarifying amendments.

A definition of misconduct in office will mean conduct that constitutes an offense in which the defendant's official position, duties or authority is an element of the offense or is used to facilitate the commission of the offense, including abuse of authority, breach of public trust or misuse of public resources.

And then we'll use it in the statute of limitation, statute of limitations provisions as well. So passing with amendments. Any questions or concerns?

Yeah.

Senator Buenaventura.

Is, I think the AG's concern regarding the public servant definition. Are you amending that or keeping it?

Let's see. Yeah, we were going to leave that the same, but just tighten up the, the misconduct in office is a little tighter than what we had before.

Okay, so also boards and commissions then. Okay.

Other concerns. If not, Senator Gabbard.

On SB 2830, recommendation's to pass with amendments. With all Members present, are there any no votes or reservations? Seeing none. Measure's adopted.

Okay. Next up is SP 2914. This prohibits the public disclosure of a legislator's personal contact information and a voter's affidavit of registration, nomination papers and electronic database for campaign committees. A bill that we passed a couple of years ago that was primarily aimed at the judiciary.

After reviewing it, it looks to me like it covers much of this, especially if you're already in office. So I'm going to defer this one and at least let the other law act work for a couple years and see how that goes. That brings us to number four, which is SB3072.

This requires a mandatory 12 month minimum sentence of incarceration for conviction of theft in the first degree when the value of the property or service is stolen exceeds $250,000. Recommendation here is to pass. With some amendments, We'll clarify that. The mandatory sentence could happen either as a condition of probation or before parole.

So there's a couple of situations that could come up. Just want to be sure we covered both questions or concerns, if not Senator Gabbard on NB3072.

Recommendation to pass with amendments. All Members present. Are there any no votes? Reservations? Vice Chair votes with reservation. Chair and the measures adopted.

All right, thanks very much everyone for being here. We're adjourned.