reglab/housing_qa huggingface dataset:
HI Rev Stat § 706-645 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-645 Revocation of fine or restitution.

  §706-645 Revocation of fine or restitution. (1) A defendant who has been sentenced to pay a fine or restitution and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced the defendant for a revocation of the fine or restitution or of any unpaid portion thereof.  (2) If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or restitution or the unpaid portion thereof in whole or in part. Prior to revocation, the court shall afford the prosecuting attorney an opportunity to be heard. [L 1972, c 9, pt of §1; am L 1986, c 314, §37; gen ch 1992] COMMENTARY ON §706-645  This section allows a defendant, who is not in contumacious default, to voluntarily appear and seek the relief that would be accorded to the defendant if the defendant's appearance were involuntary under §706-644.
HI Rev Stat § 706-647 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-647 Civil enforcement.

  §706-647 Civil enforcement. (1) A certified or exemplified copy of an order of any court of this State for payment of a fine or restitution pursuant to section 706-605 may be filed in the office of the clerk of an appropriate court of this State as a special proceeding without the assessment of a filing fee or surcharge. The order, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, shall be enforceable in the same manner as a civil judgment.  (2) In the event the victim has received or applied for reimbursement from any governmental entity, the victim named in the order or the victim's attorney shall also mail notice of the filing to the governmental entity providing reimbursement and shall file proof of mailing with the clerk.  (3) Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of a court of this State. [L 1998, c 269, pt of §1; am L 2000, c 113, §1] COMMENTARY ON §706-647  Act 269, Session Laws 1998, added this section and §706-646 to allow victims of crime to enforce a criminal restitution order in the same manner as a civil judgment. Under current law, a defendant may be required by the court to pay restitution for losses caused to the victim. Collection of the restitution was left to governmental entities such as the judiciary, paroling authority, and department of public safety; these entities often were able to collect only a small fraction of the amount. Moreover, although the criminal injuries compensation commission helped victims by providing some compensation, victims of property crimes and some violent crimes were ineligible for any compensation from the commission. Furthermore, although a victim may bring a civil action against the defendant, the process was costly and time-consuming. The legislature believed that victims should have a "fast track" ability to be compensated for their losses by allowing victims to enforce the criminal restitution order as a civil judgment, using all of the civil collection remedies. Conference Committee Report No. 89.  Act 113, Session Laws 2000, amended this section to authorize the waiver of filing fees when victims of crime seek civil enforcement of court-ordered restitution. Conference Committee Report No. 40.
HI Rev Stat § 706-649 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-649 REPEALED.

 §706-649 REPEALED. L Sp 2021, c 9, §44.
HI Rev Stat § 706-651 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-651 Payments by defendant; order of priority.

  §706-651 Payments by defendant; order of priority. When a defendant is ordered to make payments pursuant to chapters 351, 706, 846F, and 853, or as otherwise provided by law, payments shall be made in the following order of priority:  (1) Restitution;  (2) Crime victims compensation fee;  (3) Probation services fee;  (4) Human trafficking victim services fee;  (5) Other fees, including but not limited to internet crimes against children fee and drug demand reduction assessment fee;  (6) DNA analysis monetary assessment; and  (7) Fines. [L 2016, c 231, §14] COMMENTARY ON §706-651  Act 231, Session Laws 2016, added this section, which establishes the priority for payments that a defendant is ordered to make, including restitution, crime victims compensation fee, probation services fee, human trafficking victims services fees, DNA analysis monetary assessment, and fines. Conference Committee Report No. 138-16.
HI Rev Stat § 706-665 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-665 Former conviction in another jurisdiction.

  §706-665 Former conviction in another jurisdiction. For purposes of sections 706-606.5, 706-620, and 706-662(1), a conviction of the commission of a crime in another jurisdiction shall constitute a previous conviction. Such conviction shall be deemed to have been of a felony if sentence of death or of imprisonment in excess of one year was authorized under the law of such other jurisdiction. Such a conviction shall be graded, for purposes of section 706-620 by comparing the maximum imprisonment authorized under the law of such other jurisdiction with the maximum imprisonment authorized for the relevant grade of felony. [L 1972, c 9, pt of §1; am L 1986, c 314, §43] COMMENTARY ON §706-665  Since the minimal requirements for an extended term of imprisonment for a persistent offender deal in part with former convictions, it becomes necessary to treat the problem raised by former convictions in another jurisdiction. The Code recognizes such convictions for purposes of §706-662. In order to achieve a uniform standard for grading foreign convictions, the Code measures the authorized sentence in the jurisdiction where the conviction occurred according to the grading system of this Code.  A problem is presented by the fact that some states authorize imprisonment for terms of more than one year for crimes denominated as misdemeanors or petty misdemeanors by the Code. There is no easy answer to this dilemma. For the purposes of determining the persistency of an offender, the power and integrity of the penal codes of other states must be recognized. The court, however, is not compelled to order an extended term of imprisonment even if the minimal conditions are established. Where a defendant's status as a persistent offender is based on foreign convictions which are greater than those authorized by the Code, the court is free not to make such a finding if, in the opinion of the court, it would result in undue hardship. Case Notes  Prior convictions in which defendant was denied counsel should not be used against the defendant. 56 H. 628, 548 P.2d 632 (1976).
HI Rev Stat § 706-668 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-668 REPEALED.

  §706-668 REPEALED. L 1986, c 314, §46.
HI Rev Stat § 706-673 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-673 Notice of escape.

  §706-673 Notice of escape. (1) As used in this section, the following terms have the following meanings:  "Offense against the person" means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses.  "Prisoner" means a person who has been convicted of an offense against the person.  "Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of a deceased victim.  "Victim" means the person who was the victim of the offense against the person for which the prisoner was convicted.  (2) Upon written request, the department of public safety shall give notice of the escape of a prisoner, immediately following the escape, by the most reasonable and expedient means available, to each victim or a surviving immediate family member of the victim, through the victim witness assistance program in the county where the crime was committed.  (3) Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State, the officer, or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by a competent authority. [L 1990, c 193, §1; am L 1997, c 383, §67] Cross References  Registration of sex offenders and other covered offenders and public access to registration information, see chapter 846E. COMMENTARY ON §706-673  Act 193, Session Laws 1990, added this section which would require the department of public safety to notify victims or their next-of-kin of an escape by the prisoner who committed a crime against the victim. The legislature felt this requirement would make victims of crimes feel more secure knowing they would be notified immediately if the prisoner escaped. Senate Standing Committee Report No. 2935.  Act 383, Session Laws 1997, amended this section by amending the definition of "surviving immediate family member" to include a reciprocal beneficiary. The amendment establishes the status of reciprocal beneficiaries and provides certain state governmental benefits to those with that status. Among the benefits extended to reciprocal beneficiaries which are substantially equivalent to those extended to spouses is legal standing relating to victims rights. Conference Committee Report No. 2.
HI Rev Stat § 707-702.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-702.5 Negligent homicide in the first degree.

  §707-702.5 Negligent homicide in the first degree. (1) A person commits the offense of negligent homicide in the first degree if that person causes the death of:  (a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or  (b) A vulnerable user by the operation of a vehicle in a negligent manner.  (2) Negligent homicide in the first degree is a class B felony. L 1988, c 292, pt of §1; am L 2012, c 316, §2 COMMENTARY ON §707-702.5  Act 292, Session Laws 1988, added this section to redefine negligent homicide in the first degree. The legislature felt that stronger measures were needed to protect the public and to deter those who negligently operate a motor vehicle while under the influence of alcohol or drugs, which results in bodily injury or death to others. Senate Conference Committee Report No. 278, House Conference Committee Report No. 105-88.  Act 316, Session Laws 2012, amended this section to include a provision for incidents involving a vulnerable highway user. Hawaii's roadways have often been called dangerous for pedestrians, cyclists, and others who legally use the public right of way without being in a motor vehicle. Unfortunately, when collisions occur between motor vehicles and these individuals, the outcome is often catastrophic. Amending the offense of negligent homicide in the first degree to include a provision for incidents in which vulnerable highway users are involved may, at the very least, increase driver awareness of these individuals. Conference Committee Report No. 33-12.
HI Rev Stat § 707-703 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-703 Negligent homicide in the second degree.

  §707-703 Negligent homicide in the second degree. (1) A person commits the offense of negligent homicide in the second degree if that person causes the death of:  (a) Another person by the operation of a vehicle in a negligent manner; or  (b) A vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence as defined in section 707-704(2).  (2) Negligent homicide in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 292, §2; am L 2012, c 316, §3] Case Notes  Section does not preclude charging defendant on one count for each victim injured fatally. 62 H. 389, 615 P.2d 748 (1980).
HI Rev Stat § 707-705 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-705 Negligent injury in the first degree.

  §707-705 Negligent injury in the first degree. (1) A person commits the offense of negligent injury in the first degree if that person causes:  (a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or  (b) Substantial bodily injury to a vulnerable user by the operation of a [vehicle] in a negligent manner.  (2) Negligent injury in the first degree is a class C felony. [L 1988, c 292, pt of §1; am L 2012, c 21, §2 and c 316, §4] COMMENTARY ON §707-705  Act 292, Session Laws 1988, added this section which defines negligent injury in the first degree. The legislature felt that stronger measures were needed to protect the public and to deter those who negligently operate a motor vehicle, which results in bodily injury or death to others. Senate Conference Committee Report No. 278, House Conference Committee Report No. 105-88.  Act 21, Session Laws 2012, amended this section by modifying the scope of offenses relating to negligent injury to broaden the offenses' application to include injuries caused by more types of vehicles to increase public safety. The legislature found that a person was guilty of a negligent injury offense if that person caused serious or substantial bodily injury to another person while operating a motor vehicle. Act 21 would allow this negligent injury offense to also include the negligent operation of a moped or vessel and made operators of more types of vehicles more accountable for their actions when those actions involve the safety of others. Senate Standing Committee Report No. 2449, House Standing Committee Report No. 1101-12.  Act 316, Session Laws 2012, amended this section to include a provision for incidents involving a vulnerable highway user. Hawaii's roadways have often been called dangerous for pedestrians, cyclists, and others who legally use the public right of way without being in a vehicle. Unfortunately, when collisions occur between vehicles and these individuals, the outcome is often catastrophic. Amending the offense of negligent injury in the first degree to include a provision for incidents in which vulnerable highway users are involved may, at the very least, increase driver awareness of these individuals. Conference Committee Report No. 33-12.
HI Rev Stat § 707-706 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-706 Negligent injury in the second degree.

  §707-706 Negligent injury in the second degree. (1) A person is guilty of the offense of negligent injury in the second degree if that person causes substantial bodily injury to another person by the operation of a vehicle in a negligent manner.  (2) Negligent injury in the second degree is a misdemeanor. L 1988, c 292, pt of §1; am L 2012, c 21, §3 COMMENTARY ON §707-706  Act 292, Session Laws 1988, added this section which defines negligent injury in the second degree. The legislature felt that stronger measures were needed to protect the public and to deter those who negligently operate a motor vehicle, which results in bodily injury or death to others. Senate Conference Committee Report No. 278, House Conference Committee Report No. 105-88.  Act 21, Session Laws 2012, amended this section by modifying the scope of offenses relating to negligent injury to broaden the offenses' application to include injuries caused by more types of vehicles to increase public safety. The legislature found that a person was guilty of a negligent injury offense if that person caused serious or substantial bodily injury to another person while operating a motor vehicle. Act 21 would allow this negligent injury offense to also include the negligent operation of a moped or vessel and made operators of more types of vehicles more accountable for their actions when those actions involve the safety of others. Senate Standing Committee Report No. 2449, House Standing Committee Report No. 1101-12.
HI Rev Stat § 707-712.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-712.6 Assault against a law enforcement officer in the second degree.

  §707-712.6 Assault against a law enforcement officer in the second degree. (1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.  (2) Assault of a law enforcement officer in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence. [L 2003, c 66, §1] Cross References  Definition of law enforcement officer, see §701-118. COMMENTARY ON §707-712.6  Act 66, Session Laws 2003, added this section, creating the misdemeanor offense of assault against a law enforcement officer in the second degree. The legislature expressed the intent that the term "law enforcement officer" includes, but is not limited to, police officers, sheriffs, sheriff deputies, department of land and natural resources enforcement officers, and investigators with the department of the attorney general. Senate Standing Committee Report No. 979.
HI Rev Stat § 707-712.7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-712.7 Assault against an emergency worker.

  §707-712.7 Assault against an emergency worker. (1) A person commits the offense of assault against an emergency worker if the person, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster:  (a) Intentionally, knowingly, or recklessly causes serious or substantial bodily injury to an emergency worker; or  (b) Intentionally, knowingly, or recklessly causes bodily injury to an emergency worker with a dangerous instrument.  (2) Assault against an emergency worker is a class B felony. [L 2006, c 116, §2; am L 2014, c 111, §16] COMMENTARY ON §707-712.7  Act 116, Session Laws 2006, added this section, which classifies assault on an emergency worker, causing substantial bodily injury or with a dangerous weapon, as a class B felony. Act 116 penalized the commission of certain crimes during a time of a civil defense emergency proclaimed by the governor or during a period of disaster relief. The legislature found that Hurricanes Katrina and Rita created situations that highlighted the prevalence of opportunistic crimes that can occur during these times. When resources are needed to restore law and order, emergency response aid to victims may be hampered or delayed, leaving victims at an increased risk of bodily injury or death. Stronger measures to control law and order may deter looting and other crimes. House Standing Committee Report No. 757-06, Senate Standing Committee Report No. 3302, Conference Committee Report No. 64-06.  Act 111, Session Laws 2014, which amended this section, updated and recodified Hawaii's emergency management laws to conform with nationwide emergency management practices by, among other things, establishing a Hawaii emergency management agency in the state department of defense with the functions and authority currently held by the state civil defense agency; establishing the power and authority of the director of Hawaii emergency management, who will be the adjutant general, and providing the director with the functions and authority currently held by the director of civil defense; establishing county emergency management agencies, each to be under the respective county mayor's direction, with the functions and authority currently held by the local organizations for civil defense; and repealing the chapters on disaster relief [chapter 127] and the civil defense [and] emergency act [chapter 128], which were determined to be obsolete with the creation of the Hawaii emergency management agency. Conference Committee Report No. 129-14.
HI Rev Stat § 707-713 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-713 Reckless endangering in the first degree.

  §707-713 Reckless endangering in the first degree. (1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury.  (2) Reckless endangering in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1978, c 215, §1; am L 1988, c 285, §1; gen ch 1992] Case Notes  Under §701-109(4)(a) and (c), reckless endangering in the first degree under this section is an included offense of attempted murder in the second degree under §707-701.5. 94 H. 513 (App.), 17 P.3d 862 (2001).  Cited: 55 H. 531, 534, 523 P.2d 299 (1974).
HI Rev Stat § 707-721 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-721 Unlawful imprisonment in the first degree.

  §707-721 Unlawful imprisonment in the first degree. (1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.  (2) Unlawful imprisonment in the first degree is a class C felony. [L 1972, c 9, pt of §1; ree L 1986, c 314, §54; gen ch 1993; am L 2008, c 147, §3] Case Notes  Defendant's prior conviction of unlawful imprisonment in the first degree, which was based on defendant's knowing restraint of victim in circumstances that exposed victim to the risk of serious bodily injury, qualified as a "crime of violence" under the residual clause of the career offender guideline, U.S.S.G. §4B1.1, and thus supported the application of an enhanced sentence for violent crime in aid of racketeering. 883 F.3d 1207 (2018).  Where noncitizen convicted of first-degree unlawful imprisonment was determined by immigration court to be removable due to a categorical "crime involving moral turpitude" (CIMT), appellate court concluded that first degree unlawful imprisonment under this section qualified as a CIMT. 943 F.3d 456 (2019).  Double jeopardy clause of Hawaii constitution barred unlawful imprisonment prosecution of defendant who had been found guilty of abuse under §709-906. 75 H. 446, 865 P.2d 150 (1994).  There was a rational basis for the jury to find defendant guilty of unlawful imprisonment in the first degree, had the jury been given the appropriate instruction. The failure to instruct the jury on a lesser included offense for which the evidence provided a rational basis warranted vacating defendant's conviction for kidnapping. 131 H. 43, 314 P.3d 120 (2013).  Under §701-109(4)(c), unlawful imprisonment in the first degree is a lesser-included offense of kidnapping because unlawful imprisonment in the first degree involves a less culpable mental state than kidnapping. 131 H. 43, 314 P.3d 120 (2013).
HI Rev Stat § 707-723 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-723 REPEALED.

  §707-723 REPEALED. L 1981, c 171, §3.
HI Rev Stat § 707-724 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-724 and 707-725

  § §707-724 and 707-725  REPEALED. L 1979, c 106, § §1, 2.