reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-501 Criminal attempt; attempting to aid another. §705-501 Commentary:

§705-501 Criminal attempt; attempting to aid another.
(1) A person who engages in conduct intended to aid another to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided his conduct would establish his complicity under sections 702-222 through 702-226 if the crime were committed or attempted by the other person.
(2) It is not a defense to a prosecution under this section that under the circumstances it was impossible for the defendant to aid the other person in the commission of the offense, provided he could have done so had the circumstances been as he believed them to be. [L 1972, c 9, pt of §1]
COMMENTARY ON §705-501
When a defendant attempts to aid another in the commission of a crime and the other person attempts or commits the substantive offense, the defendant is liable, under the complicity provisions,1 for the conduct of the other person. However, where the other person does not attempt or commit the crime, the complicity sections and ordinary attempt definitions do not cover the situation. Subsection (1) provides that the defendant will be guilty of attempt to commit the crime if complicity would have resulted had the other person attempted or committed the substantive offense. For example: A knows that B plans to kill C; B is unaware of A's knowledge and does not seek A's assistance; A prevents a warning from reaching C which would otherwise have reached him; B changes his mind before engaging in any conduct; A is guilty of attempted murder.
In one other respect the complicity sections and the attempt sections operate jointly. If a defendant engages in some conduct intended to aid another but does not complete the course of conduct sufficient for the purpose, the question then posed is whether the more limited conduct would result in complicity under § §702-222 through 226. Section 702-222 provides that complicity may rest on attempt to aid another. In determining whether the defendant's limited conduct is sufficient to constitute an attempt to aid, the standard of substantiality as set forth in §705-500 should be followed. If A, in the example stated above, was apprehended before he was able to prevent a message of warning from reaching C, the question of A's liability would turn on the substantiality of his action, i.e., whether his conduct was strongly corroborative of his criminal intent.
Subsection (2) is intended to eliminate the defense of impossibility. In the example stated above, A would be guilty notwithstanding the fact, e.g., that C died from natural causes before the warning possibly could have reached him.
This section represents an addition to Hawaii law.
__________
§705-501 Commentary:
1. Cf. § §702-222 to 226.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-502 Grading of criminal attempt. §705-502 Commentary:

§705-502 Grading of criminal attempt.
An attempt to commit a crime is an offense of the same class and grade as the most serious offense which is attempted. [L 1972, c 9, pt of §1]
COMMENTARY ON §705-502
For purposes of sentencing, the Code equates the criminal attempt with the most serious substantive offense attempted. Only in the case where the crime attempted is murder does the Code authorize a different sentence for the substantive offense than for the attempt. This is because §706-606 provides a special sentence for murder. Attempted murder is treated as an ordinary class A felony.
The dispositions[1] (suspension of sentence, probation, imprisonment, etc.) authorized by chapter 706 of the Code are intended to provide primarily a flexible and corrective process. The court's order should be determined by the need for correction as demonstrated by the anti-social disposition (propensities) of the defendant. This being the case, there is generally no difference in the sanctions which ought to be available to the court when a crime is attempted but not consummated. However, where the offense attempted is murder, the unique sentence authorized for that crime is not imposed. Instead, the attempt is treated as any other class A felony. Because §706-606 requires mandatory imprisonment, possibly for life, there is room to economize on sentencing for attempted murder. The various modes of disposition available for a class A felony ought to suffice for correctional needs.
Under previous Hawaii law, the sentencing of attempts is structurally similar to that provided in the Code, except that Hawaii law formerly provided a maximum term of imprisonment of twenty years,[2] whereas the Code, in making the most serious attempt a class A felony, provides for an extended term in cases presenting aggravating circumstances.3
Case Notes
Attempted murder is treated as ordinary class A felony. 57 H. 418, 558 P.2d 1012 (1976).
__________
§705-502 Commentary:
1. The word "disposition" is used in the Penal Code and its commentary with two different meanings. In chapter 705 and elsewhere the commentary refers to the actor's disposition; the word is used in this context to refer to the actor's anti-social propensities. Chapter 706 deals with the disposition of convicted defendants. That chapter deals with procedures to be followed and available sanctions upon conviction (i.e., suspension of sentence or imposition of a sentence or imposition of a sentence ordering probation, fine, or imprisonment).
2. H.R.S. §702-5.
3. Cf. chapter 706, Disposition of Convicted Defendants.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-512 Grading of criminal solicitation. §705-512 Commentary:

§705-512 Grading of criminal solicitation.
Criminal solicitation is an offense one class or grade, as the case may be, less than the offense solicited; provided that criminal solicitation to commit murder in any degree is a class A felony. [L 1972, c 9, pt of §1; am L 1997, c 149, §2]
Cross References
Disposition of convicted defendants, see chapter 706.
COMMENTARY ON §705-512
This section provides for grading of criminal solicitations. Solicitations are offenses one class or grade, as the case may be, less than the offense solicited. For example, solicitation of a class A felony is a class B felony; solicitation of a class C felony is a misdemeanor; solicitation of a petty misdemeanor is a violation. This reflects the position that generally solicitations, because of the reluctance of the defendant himself to engage in the specified conduct or cause the specified result, and the dependence of the conduct or result on the will of another, should be treated as a lower order of penal liability than commission of corresponding substantive offenses.
In the past Hawaii law equated criminal solicitation with attempt in imposing penalty.[1] One who was guilty of solicitation ("instigation") under Hawaii law was "subject to the penalty of an attempt to commit the offense."[2] Hence, as in the previous Hawaii law of attempt, solicitation carries a maximum sentence of twenty years' imprisonment, with the option of a fine if the penalty for the completed substantive offense is a term of less than twenty years' imprisonment. The Code, in reducing the penalty for all criminal solicitation one class or grade from that for the completed substantive offense, departs from past law and provides for a more rational relationship between the sentence for soliciting a substantive offense and the sentence for that offense.3
SUPPLEMENTAL COMMENTARY ON §705-512
Act 149, Session Laws 1997, amended this section to provide that criminal solicitation to commit murder in any degree is a class A felony. The legislature found that the offense of murder warranted punishment under the Code sufficient to fit the grave consequences of the crime, and that persons who are found guilty of conspiracy or solicitation to commit murder should also be penalized to a similarly serious degree. The legislature recognized that two Hawaii Supreme Court opinions, State v. Kaakimaka (84 H. 280, 933 P.2d 617 (1997)) and State v. Soto (84 H. 229, 933 P.2d 66 (1997)), concluded that conspiracy to commit murder and solicitation to commit murder are class C felonies. The legislature acknowledged that the decisions had led to incongruous sentencing under the sentencing guidelines of the Code. Conspiracy and solicitation are ordinarily designated the same level of felony offense as the underlying crime, or at the very least, one grade lower. Senate Standing Committee Report No. 1600.
__________
§705-512 Commentary:
1. H.R.S. §702-11.
2. Id.
3. Cf. M.P.C. §5.05(1).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-523 Immunity, irresponsibility, or incapacity of a party to criminal conspiracy. §705-523 Commentary:

§705-523 Immunity, irresponsibility, or incapacity of a party to criminal conspiracy.
(1) A person shall not be liable under section 705-520 for criminal conspiracy if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person.
(2) It is not a defense to a prosecution under section 705-520 that a person with whom the defendant conspires could not be guilty of committing the crime because:
(a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense;
(b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime;
(c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or
(d) He does not have the state of mind sufficient for the commission of the offense in question.
(3) It is not a defense to a prosecution under section 705-520 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense that is the object of the conspiracy. [L 1972, c 9, pt of §1]
COMMENTARY ON §705-523
The problems arising out of possible immunity, irresponsibility, or incapacity of a person to a criminal conspiracy are dealt with essentially in the commentary on §705-511 (dealing with immunity, irresponsibility, or incapacity of a party to criminal solicitation). This section is intended to resolve these problems should they arise in a conspiracy context.
This section has no counterpart in previous Hawaii law. Other jurisdictions have held that there can be no conspiracy in such situations because a conspiracy, as an agreement of two or more persons, requires at least two guilty conspirators.[1] In keeping with the unilateral approach to conspiracy of this Code, however, it is evident that the danger of the conspiracy arising from collective joint action remains essentially the same whether or not one of the conspirators cannot be successfully prosecuted. Moreover, one of the principal reasons for imposing penal liability in the area of inchoate crimes, i.e., the unequivocal presence of a strong intent to commit a crime, is present regardless of the co-conspirator's innocence, incapacity, or irresponsibility.2
__________
§705-523 Commentary:
1. Prop. Mich. Rev. Cr. Code, comments at 102.
2. Id.; see also commentary on §705-520.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-524 Venue in criminal conspiracy prosecutions. §705-524 Commentary:

§705-524 Venue in criminal conspiracy prosecutions.
For purposes of determining venue in a prosecution for criminal conspiracy, a criminal conspiracy is committed in any circuit in which the defendant enters into the conspiracy and in any circuit in which the defendant or person with whom the defendant conspires does an overt act. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §705-524
Section 705-524 is aimed at affording the defendant constitutional venue protection. The Sixth Amendment to the Federal Constitution provides that in "all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." However, the use of a conspiracy charge under current, loose definitions of conspiracy dilute this protection. The unilateral approach of the Code, its limited definition and scope of conspiracy, and section 705-524 combine to establish proper venue. As the Model Penal Code commentary points out:
It is contemplated that the stricter tests of a conspiracy's scope advanced in the Draft will considerably limit the present dilution of the constitutional protection. [Section 705-524] explicitly provides that proper venue for a conspiracy charge will be tested by the defendant's agreement or overt act or an overt act of a person with whom he conspired. It assures that in complex cases involving a number of separate conspiracies, venue as to each conspiracy with which each defendant is charged will not be laid on the basis of an overt act done pursuant to a different conspiracy or by a person with whom he did not conspire.1
__________
§705-524 Commentary:
1. M.P.C., Tentative Draft No. 10, comments at 138-39 (1960).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 705. Inchoate Crimes › 705-531 Multiple convictions.

§705-531 Multiple convictions.
A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or culminate in the commission of the same substantive crime. [L 1972, c 9, pt of §1]
COMMENTARY ON §705-531
This section reflects a position which underlies much of this chapter: that the danger which is represented by inchoate crimes lies in the possibility that the substantive will be carried to fruition because of disposition of the defendant. Hence any number of stages preparatory to the commission of a given offense, if taken together, still only constitute a single danger: that the crime contemplated will be committed. Such a rationale precludes cumulating convictions of attempt, solicitation, and conspiracy to commit the same offense. Section 705-531 precludes conviction of more than one inchoate crime for conduct intended to result in the commission of the same offense.
There was nothing in previous Hawaii law to prevent prosecution of multiple inchoate offenses for conduct intended to result in the commission of a single crime.
Case Notes
"Convicted" means guilty verdict, not sentence and judgment; under this section and §701-109, defendant cannot be found guilty of being an accomplice to an attempted crime and of conspiracy to commit the same crime. 5 H. App. 651, 706 P.2d 1326 (1985).
Under this section and §701-109, defendant cannot be found guilty of conspiracy to commit crime and the crime itself. 5 H. App. 670, 706 P.2d 1331 (1985).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-600.5 Definitions of terms in this chapter.

§706-600.5 Definitions of terms in this chapter.
In this chapter, unless a different meaning plainly is required:
"Day" means a twenty-four-hour period of time.
"Month" means a thirty-day period of time.
"Secure drug treatment facility" means a facility employing security protocols modeled after a minimum-security detention center, including continuous direct supervision.
"Year" means a three hundred sixty-five-day period of time. [L 1987, c 202, §1; am L Sp 2009, c 4, §1]
COMMENTARY ON §706-600.5
Act 202, Session Laws 1987, clarified the time periods within this chapter by providing definitions for a "day," "month," and "year." This clarification should eliminate confusion by law enforcement personnel in regard to these time periods. House Standing Committee Report No. 556.
Act 4, Special Session Laws 2009, promoted the rehabilitation of convicted drug offenders through alternatives to incarceration by authorizing the placement of certain drug offenders in secure drug treatment facilities. Conference Committee Report No. 25. Act 4 amended this section by adding the definition of "secure drug treatment facility."
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-600.6 Time of release.

§706-600.6 Time of release.
A person imprisoned whose term of imprisonment ends between the hours of 9:00 p.m. to 12:00 midnight, may be released at 9:00 p.m. A person imprisoned whose term of imprisonment ends between the hours of 12:00 midnight to 7:00 a.m. may be released at 9:00 p.m. the day before the person's scheduled release. [L 1987, c 202, §2; gen ch 1992]
COMMENTARY ON §706-600.6
Act 202, Session Laws 1987, clarified the "time of release" for prisoners. House Standing Committee Report No. 556.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-605.1 Intermediate sanctions; eligibility; criteria and conditions.

§706-605.1 Intermediate sanctions; eligibility; criteria and conditions.
(1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.
(2) Defendants may be considered for sentencing to alternative programs if they have not been convicted of a non-probationable class A felony.
(3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.
(4) As used in this section, "alternative programs" means programs that are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:
(a) House arrest, or curfew using electronic monitoring and surveillance, or both;
(b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;
(c) Therapeutic residential and nonresidential programs, including secure drug treatment facilities; and
(d) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community. L Sp 1995, c 25, §4; am L Sp 2009, c 4, §2; am L 2016, c 231, §19
Cross References
Similar provisions, see § §353-10.5 and 353-63.5.
COMMENTARY ON §706-605.1
Act 25, Special Session Laws 1995, added this section, which requires the judiciary to implement alternative programs that place, control, supervise, and treat selected defendants in lieu of an incarceration sentence. The legislature addressed the problem of prison overcrowding by, inter alia, providing for the implementation of alternatives to incarceration that do not undermine public safety. House Standing Committee Report No. 23-S, Senate Standing Committee Report No. 2-S (1995 Special Session). See also Conference Committee Report No. 122, Senate Bill No. 82 (vetoed).
Act 4, Special Session Laws 2009, amended this section, authorizing the placement of certain drug offenders in secure drug treatment facilities, to promote the rehabilitation of convicted drug offenders through alternatives to incarceration. The legislature found that providing convicted drug offenders with drug rehabilitation programs in a secure drug treatment facility would reduce the offenders' rate of recidivism upon release and help the offenders develop an important and meaningful role in society. Senate Standing Committee Report No. 1285, Conference Committee Report No. 25.
Act 231, Session Laws 2016, amended this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
Law Journals and Reviews
Report on the Success of the Maui/Molokai Adult Drug Court: Proven Successful, the New Paradigm for our Criminal Justice System? 34 UH L. Rev. 423 (2012).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-606.6 Repeat violent and sexual offender; enhanced sentence.

§706-606.6 Repeat violent and sexual offender; enhanced sentence.
(1) Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, after having been convicted on at least three prior and separate occasions of an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, or of an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, shall be sentenced to an extended term of imprisonment as provided in section 706-661.
(2) A conviction shall not be considered a prior offense unless the conviction occurred within the following time periods:
(a) For an offense under section 707-701.5, 707-702, 707-730, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, within the past twenty years from the date of the instant offense;
(b) For an offense under section 707-710 or 707-731, within the past ten years from the date of the instant offense;
(c) For an offense under section 707-711 or 707-732, within the past five years from the date of the instant offense; or
(d) For an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, within the maximum term of imprisonment possible under the appropriate jurisdiction. [L 1999, c 286, §1; am L 2006, c 60, §4; am L 2014, c 114, §2]
COMMENTARY ON §706-606.6
Act 286, Session Laws 1999, added this section, mandating an extended term of imprisonment for multiple offenses, to heighten penalties for habitual violent and sexual offenders. The legislature found that repeat violent and sexual offenders deserve some degree of enhanced sentencing. Conference Committee Report No. 89.
Act 60, Session Laws 2006, amended this section by deleting the references to §707-733.5, repealed by Act 60, and substituting references to §707-733.6, added by Act 60. Act 60 reenacted provisions that define the behavior that constitutes the crime of continuous sexual assault of a minor under the age of fourteen years and the unanimity that is required to convict a person of the crime. House Standing Committee Report No. 150-06.
Act 114, Session Laws 2014, amended this section to include the offenses of promoting prostitution in the first and second degrees, and solicitation of a minor for prostitution. Senate Standing Committee Report No. 3249, Conference Committee Report No. 41-14.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-622 Requirement of probation; exception.

§706-622 Requirement of probation; exception.
When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicted of a crime other than a felony. [L 1972, c 9, pt of §1; am L 1986, c 314, §23; gen ch 1992]
COMMENTARY ON §706-622
Once the decision has been made to withhold a sentence of imprisonment, some criteria must be stated for choosing between suspending sentence and sentencing the defendant to probation. The Code favors placing the defendant on probation if the defendant needs "the supervision, guidance, assistance, or direction that the probation service can provide." In the case of defendants convicted of serious crimes, probation will be the usual sentence (if imprisonment is withheld). For those defendants convicted of minor crimes (especially first offenders), a suspended sentence may suffice.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-622.8 First-time drug offender prior to 2004; probation; expungement

§706-622.8 First-time drug offender prior to 2004; probation; expungement
. A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706-622.5, and who otherwise meets all the requirements of section 706-622.5, may apply to the court for expungement of the record of conviction for the drug offense. The court shall issue a court order to expunge the record of conviction for the drug offense; provided the person has successfully completed a substance abuse treatment program and has complied with the other terms and conditions set by the court. A person granted an expungement of conviction under this section or section 706-622.5(4) shall not be eligible for another expungement of conviction under this section or section 706-622.5. [L 2006, c 58, §1]
COMMENTARY ON §706-622.8
Act 58, Session Laws 2006, added this section to allow a person sentenced prior to July 1, 2004, for a first-time drug offense pursuant to §706-622.5, who completed a drug treatment program and complied with the terms set by the court, to apply for expungement of the record of conviction. Act 58 corrected a drafting error in Act 161, Session Laws 2002, which authorized an expungement of the record of arrest rather than the record of conviction. Act 44, Session Laws 2004, corrected the error, authorizing the expungement of the record of conviction, but only prospectively from its effective date, July 1, 2004. This led to the inconsistent result of some defendants being permitted to expunge their record of conviction and others not being able to do so. Act 58 permitted defendants sentenced prior to Act 44, Session Laws 2004, to expunge their record of conviction. Senate Standing Committee Report No. 3212.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-624.5 Notice of probation.

§706-624.5 Notice of probation.
(1) Whenever the court places a defendant convicted of an offense against the person as described in chapter 707, or of an attempt to commit such an offense on probation without requiring the serving of a term of imprisonment, the court shall provide written notice to each victim of such offense of the probation, whenever the victim has made a written request for such notice. Notice shall be given to the victim at the address given on the request for notice or such other address as may be provided to the court by the victim from time to time.
(2) 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 or 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 competent authority. [L 1983, c 184, §2(1); am L 1986, c 314, §26]
Cross References
Notice of escape, see §706-673.
Rights of victims and witnesses in criminal proceedings, see chapter 801D.
COMMENTARY ON §706-624.5
Act 184, Session Laws 1983, added this section to require notification to a crime victim if a defendant who harmed the victim is released into the community after conviction. This addition was intended to insure that crime victims "are treated with fairness and respect" and that agencies in the criminal justice system cooperate with each other to provide information and other help to crime victims. House Conference Committee Report No. 46.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-631 Probation is a final judgment for other purposes.

§706-631 Probation is a final judgment for other purposes.
A judgment sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this chapter, but for all other purposes shall constitute a final judgment. [L 1972, c 9, pt of §1; am L 1986, c 314, §32]
COMMENTARY ON §706-631
This section is addressed to the question of finality inherent in every disposition involving suspension of sentence or sentence to probation. As § §706-625 and 628 indicate, the conditions of suspension or probation may be modified or the disposition itself may be revoked. These features of suspension or probation are, of course, necessary in order that the sentencing authority can maintain control over the disposition. However, merely because the sentencing court maintains some continuing flexibility with respect to the disposition, the conviction and disposition should not be regarded as lacking finality for other purposes such as constituting a judgment for purposes of appeal and a prior conviction for purposes of extended imprisonment.
This section, therefore, provides that a suspension of sentence or sentence to probation shall be deemed tentative to the extent provided in chapter 706, but for all other purposes such disposition shall constitute a final judgment.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-642 Time and method of payment.

§706-642 Time and method of payment.
(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court.
(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.
(3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine, pursuant to section 706-651. No fine shall be collected until the restitution or reparation order has been satisfied. [L 1972, c 9, pt of §1; am L 1980, c 50, §3; am L 1986, c 226, §2; am L 2016, c 231, §24]
COMMENTARY ON §706-642
This section merely gives the court specific statutory authorization for two common sentencing practices: (1) installment payments of a fine, and (2) making a fine one of the conditions of continued probation.
SUPPLEMENTAL COMMENTARY ON §706-642
Act 50, Session Laws 1980, authorized the payment of fines by credit cards in recognition of the widespread use of credit cards and to enable the courts to take advantage of an efficient system of collection.
Act 226, Session Laws 1986, ensured that, in cases where both fines and restitution are imposed, the latter has priority; no fine is to be collected until the restitution order is satisfied. In enacting this change, the legislature stated that it "supports the concept of restitution as a valuable means of compensating losses incurred by victims and confronting the offender with the direct personal consequences of the crime." Senate Standing Committee Report No. 798-86.
Act 231, Session Laws 2016, amended subsection (3) to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
Case Notes
Where defendant was sentenced pursuant to §431:10C-117(a)(2), because the district court may have been unaware of the applicability of quoted parts of §706-641 and this section and of its discretionary authority to sentence defendant to perform community service rather than to pay the fine, appellate court vacated the part of the sentence ordering defendant to pay a $1,000 fine and remanded that part for resentencing. 77 H. 476 (App.), 888 P.2d 376 (1995).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).