Hawaii 2025 Regular Session

Hawaii House Bill HB580 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 580 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to dangerous drugs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 580
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	580
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to dangerous drugs.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows: "§712-1243 Promoting a dangerous drug in the third degree. (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 amount. (2) Promoting a dangerous drug in the third degree is a class C felony[.]; provided that, notwithstanding sections 706‑660 and 706-669 and any other law to the contrary: (a) If a person is convicted pursuant to this section and methamphetamine or fentanyl is the drug upon which the conviction is predicated, the mandatory minimum term of imprisonment shall be not less than one year and not greater than two years; (b) If a person has one prior conviction for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than two years and not greater than four years; (c) If a person has two prior convictions for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than five years and not greater than eight years; and (d) If a person has three or more prior convictions for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be ten years." 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. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 712-1243, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§712-1243 Promoting a dangerous drug in the third degree. (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 amount.
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53	53	(2) Promoting a dangerous drug in the third degree is a class C felony[.]; provided that, notwithstanding sections 706‑660 and 706-669 and any other law to the contrary:
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55	55	(a) If a person is convicted pursuant to this section and methamphetamine or fentanyl is the drug upon which the conviction is predicated, the mandatory minimum term of imprisonment shall be not less than one year and not greater than two years;
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57	57	(b) If a person has one prior conviction for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than two years and not greater than four years;
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59	59	(c) If a person has two prior convictions for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than five years and not greater than eight years; and
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61	61	(d) If a person has three or more prior convictions for methamphetamine or fentanyl possession pursuant to this section; promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine or fentanyl was the drug upon which the conviction was predicated; or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be ten years."
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63	63	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.
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65	65	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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67	67	SECTION 4. This Act shall take effect upon its approval.
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71	71	INTRODUCED BY: _____________________________
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73	73	INTRODUCED BY:
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81	81	Report Title: Sentencing; Mandatory Minimum; Promoting Dangerous Drugs; Methamphetamine; Fentanyl Description: Establishes a mandatory minimum term of imprisonment for promoting a dangerous drug in the third degree if the conviction is predicated on the possession of methamphetamine or fentanyl, and progressive mandatory minimum terms of imprisonment if the person has prior convictions predicated on the trafficking of methamphetamine or the possession of methamphetamine or fentanyl. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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89	89	Sentencing; Mandatory Minimum; Promoting Dangerous Drugs; Methamphetamine; Fentanyl
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93	93	Description:
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95	95	Establishes a mandatory minimum term of imprisonment for promoting a dangerous drug in the third degree if the conviction is predicated on the possession of methamphetamine or fentanyl, and progressive mandatory minimum terms of imprisonment if the person has prior convictions predicated on the trafficking of methamphetamine or the possession of methamphetamine or fentanyl.
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103	103	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.