Democrats urged to pass tough crime bills
By Robbie Dingeman
Advertiser Staff Writer
State Attorney General Mark Bennett, City Prosecutor Peter Carlisle and more than a dozen Republican lawmakers yesterday called for legislative action on several bills backed by law enforcement that appear stalled as the state Legislature prepares to wrap up Thursday.
Leading Democrats were unavailable to comment yesterday on the latest objections. Earlier, they had said the ice proposals present a comprehensive plan that toughens criminal penalties while promoting treatment for drug abuse, and that the new law is a step forward rather than simply more planning.
Bennett focused on a proposal to create an electronic surveillance law that he says would give local law enforcement the ability to wiretap in certain investigations. "Hawai'i does not have a workable electronic surveillance law," he said.
Bennett said state prosecutors used to ask for help from their federal counterparts when they needed to use wiretaps in drug conspiracy cases where other methods of investigation had not worked.
But with increasing federal responsibilities, he sees less and less such help coming from the federal government. Bennett said 40 states have laws similar to the one enforcement officials hope to pass.
He also favors a revised bribery statute and a bill to crack down on repeat violent offenders. And he'd like to see a licensing requirement for those who sell tobacco products.
Bennett and leading Republicans complained that majority Democrats ignored key proposals in the law enforcement coalition's recommendations on fighting the ice problem.
During debate on the ice bill that was vetoed by the governor and overridden by a majority of Democrats, Republicans complained that the bill would reduce current penalties for manufacturing ice and make the penalty for manufacturing small quantities of ice less than for manufacturing other drugs.
Lt. Gov. James "Duke" Aiona, the administration's point man on the issue, also objected to a provision that allows judges to sentence a first-time, nonviolent drug offender to treatment rather than prison, even after repeated convictions for non-drug crimes.
Senate Judiciary and Hawaiian Affairs Committee Chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), had argued that the measure had tough provisions that targeted ice offenders. Under the bill, penalties for manufacturing or distributing ice include minimum prison terms ranging from three to five years and longer if someone is hurt or killed or the offender has prior felony drug convictions. Crystal meth offenses currently have mandatory minimum terms of up to 10 years, with ice manufacturers getting a 10-year mandatory minimum term.
Hanabusa also pointed out that treatment advocates had been unhappy because the bill changed the law to allow, rather than mandate, treatment instead of prison for first-time offenders.
City prosecutor Carlisle said yesterday he was very concerned that the repeat-offender statute be preserved to require maximum prison terms without the possibility of parole.
Carlisle said statistics indicate 20 percent of criminals are responsible for 80 percent of crimes.
Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 535-2429.
