Hawaii 2022 Regular Session

Hawaii Senate Bill SB527 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 527 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO DRUG OFFENSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 527
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	527
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO DRUG OFFENSES.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that criminal justice policies that impose harsh prison sentences increase incarceration rates and costs, but frequently do not result in a commensurate reduction in crime rates. Furthermore, incarceration is a particularly expensive response to the public health problem of personal drug use. Even for small amounts, drug possession offenses are classified as felonies and exacerbate the severe overcrowding conditions in Hawaii's prisons. Despite its substantial expense, incarceration has not adequately deterred substance abuse or otherwise made Hawaii communities safer. Thus, applying the harsh treatment of felony level classification and punishment to all drug possession offenses, especially those at the lowest level, has proven to be costly and ineffective. The legislature further finds that the imposition of incarceration to punish simple, low-level drug possession offenses should be limited in favor of the reduced or alternative sentencing options available to the misdemeanor classification. This will help reduce prison overcrowding, save taxpayer dollars, and free up resources to be reinvested into more effective treatment programs. Accordingly, the purpose of this Act is to: (1) Establish a new misdemeanor offense of promoting a dangerous drug in the fourth degree, to include possession of dangerous drugs in small amounts; and (2) Limit the class C felony offense of promoting a dangerous drug in the third degree to include possession of dangerous drugs in an amount equal to two grams or more. SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV be appropriately designated and to read as follows: "§712- Promoting a dangerous drug in the fourth degree. (1) A person commits the offense of promoting a dangerous drug in the fourth degree if the person knowingly possesses any dangerous drug in any amount under two grams. (2) Promoting a dangerous drug in the fourth degree is a misdemeanor." SECTION 3. Section 712-1243, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "(1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in [any] an amount[.] of two grams or more." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on August 1, 2021. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that criminal justice policies that impose harsh prison sentences increase incarceration rates and costs, but frequently do not result in a commensurate reduction in crime rates. Furthermore, incarceration is a particularly expensive response to the public health problem of personal drug use. Even for small amounts, drug possession offenses are classified as felonies and exacerbate the severe overcrowding conditions in Hawaii's prisons. Despite its substantial expense, incarceration has not adequately deterred substance abuse or otherwise made Hawaii communities safer. Thus, applying the harsh treatment of felony level classification and punishment to all drug possession offenses, especially those at the lowest level, has proven to be costly and ineffective.
50	50
51	51	The legislature further finds that the imposition of incarceration to punish simple, low-level drug possession offenses should be limited in favor of the reduced or alternative sentencing options available to the misdemeanor classification. This will help reduce prison overcrowding, save taxpayer dollars, and free up resources to be reinvested into more effective treatment programs.
52	52
53	53	Accordingly, the purpose of this Act is to:
54	54
55	55	(1) Establish a new misdemeanor offense of promoting a dangerous drug in the fourth degree, to include possession of dangerous drugs in small amounts; and
56	56
57	57	(2) Limit the class C felony offense of promoting a dangerous drug in the third degree to include possession of dangerous drugs in an amount equal to two grams or more.
58	58
59	59	SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV be appropriately designated and to read as follows:
60	60
61	61	"§712- Promoting a dangerous drug in the fourth degree. (1) A person commits the offense of promoting a dangerous drug in the fourth degree if the person knowingly possesses any dangerous drug in any amount under two grams.
62	62
63	63	(2) Promoting a dangerous drug in the fourth degree is a misdemeanor."
64	64
65	65	SECTION 3. Section 712-1243, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
66	66
67	67	"(1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in [any] an amount[.] of two grams or more."
68	68
69	69	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
70	70
71	71	SECTION 5. This Act shall take effect on August 1, 2021.
72	72
73	73
74	74
75	75	INTRODUCED BY: _____________________________
76	76
77	77	INTRODUCED BY:
78	78
79	79	_____________________________
80	80
81	81
82	82
83	83
84	84
85	85	Report Title: Promoting a Dangerous Drug in the Third Degree; Promoting a Dangerous Drug in the Fourth Degree Description: Establishes a new misdemeanor offense of promoting a dangerous drug in the fourth degree, to include possession of dangerous drugs in amounts under two grams. Limits the class C felony offense of promoting a dangerous drug in the third degree to include possession of dangerous drugs in an amount of two grams or more. Takes effect 8/1/2021. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
86	86
87	87
88	88
89	89
90	90
91	91	Report Title:
92	92
93	93	Promoting a Dangerous Drug in the Third Degree; Promoting a Dangerous Drug in the Fourth Degree
94	94
95	95
96	96
97	97	Description:
98	98
99	99	Establishes a new misdemeanor offense of promoting a dangerous drug in the fourth degree, to include possession of dangerous drugs in amounts under two grams. Limits the class C felony offense of promoting a dangerous drug in the third degree to include possession of dangerous drugs in an amount of two grams or more. Takes effect 8/1/2021.
100	100
101	101
102	102
103	103
104	104
105	105
106	106
107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.