2019 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1240.9 Methamphetamine trafficking; restitution and reimbursement.

§712-1240.9 Methamphetamine trafficking; restitution and reimbursement. When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbursement to the State or appropriate county government for the cost incurred for any cleanup associated with the manufacture or distribution of methamphetamine and to any other person injured as a result of the manufacture or distribution of methamphetamine. [L 2006, c 230, pt of §4; am L 2016, c 231, §53]

COMMENTARY ON §§712-1240.7 TO 712-1240.9

Act 230, Session Laws 2006, added §§712-1240.7 and 712-1240.8, methamphetamine trafficking in the first and second degrees. House Standing Committee Report No. 665-06.

Act 230, Session Laws 2006, also added §712-1240.9, authorizing a court to order restitution or reimbursement when sentencing a defendant convicted under §712-1240.7 or §712-1240.8.

Act 231, Session Laws 2016, amended §712-1240.7 by, among other things, removing possession and distribution of methamphetamine from the statute. Act 231 placed possession and distribution of methamphetamine in the statutes relating to promoting a dangerous drug [§§712-1241 and 712-1242], which gives the court the discretion to impose probation and drug treatment when appropriate. The offenses remaining in §712-1240.7 are distribution of methamphetamine to a minor and manufacturing of methamphetamine, which remain class A felonies. The amendments implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015). The Penal Code Review Committee commented, on page 59 of its report, that "[w]hile the Committee recognizes these dangers and challenges, it is of the opinion that the current Methamphetamine Trafficking statutes are not properly addressing those challenges and should be changed based on the experience of the Committee regarding the application of these provisions in the criminal justice system in Hawaii." House Standing Committee Report No. 660-16.

Act 231, Session Laws 2016, repealed §712-1240.8 and amended §712-1240.9 by making a conforming amendment. Act 231 implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).