House GOP
backs 3-strikes law

The Republicans say
only career criminals
and top Democrats
oppose such a bill

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By B.J. Reyes
Associated Press

Republican lawmakers accused Democrats yesterday of being soft on crime for not considering legislation to enact tougher penalties for repeat offenders.

The charge brought a sharp rebuke from Democratic leaders who accused the GOP of politicizing the recent shooting death of a Honolulu police officer.

"This is a very emotional and serious issue, and we should not attempt to legislate through press releases," said House Majority Leader Scott Saiki (D, Moiliili-McCully). "We should not inflame the public. We should be very serious in how we deal with this issue."

House Republicans held a news conference calling on majority Democrats to find a way this year to pass a "three strikes" law similar to the one in California, which was upheld last week by the U.S. Supreme Court.

"Everyone knows that we can pass any piece of legislation that we want to at any time if we simply have the political backbone," said Rep. Bud Stonebraker (R, Kalama Valley-Hawaii Kai).

"We can do this now. The people of Hawaii want this; police officers want this; the prosecutor wants this.

"Everybody wants this except career criminals and Democrat leadership."

California's 1994 law, the toughest in the country for repeat criminals, allows for sentences up to life in prison for anyone convicted of three crimes, regardless of severity. Twenty-five states have enacted similar repeat-offender laws.

Calls for such legislation in Hawaii were renewed following the death of police officer Glen Gaspar in a shooting at a Kapolei ice cream parlor last Tuesday. The man charged with first-degree murder in Gaspar's slaying, 28-year-old Shane Mark, had 14 prior convictions, including four felonies. He was released from prison in November.

"If we wait to make changes to get tough on crime, we allow career thugs like Shane Mark to stay on the street," Stonebraker said. "We need to be tough on crime and not talk about task forces and doing this next year."

A three-strikes law is not likely to be introduced this session.

Saiki and Senate Judiciary Chairwoman Colleen Hanabusa (D, Nanakuli-Makua) have suggested that lawmakers convene a task force to study the issue and report back to next year's Legislature.

Hanabusa accused the GOP of "grandstanding" and noted that even Republican Gov. Linda Lingle has taken no position on a three-strikes law, saying it would depend on how the measure was crafted and what would constitute three strikes.

"Some people feel that any three convictions should suffice, and others feel that it should be three felonies," Hanabusa said. "In any event, it should be something that is well debated openly and in the process.

"To do a bill at that magnitude at this point would deprive the public of their input, which I thought all of my colleagues would have wanted as the Senate moves forward and the House moves forward."

Hanabusa also raised the issue of prison space.

"Are they willing to raise taxes to build the prisons that are going to be needed to house everyone?" Hanabusa asked.

Stonebraker said the issue of prison overcrowding could be addressed as lawmakers move ahead with legislation.

Because the deadline already has passed for the House and Senate to complete work and exchange bills, an existing proposal would have to be amended to include a three-strikes provision.