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HOUSE OF REPRESENTATIVES |
H.B. NO. |
486 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROSTITUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A prosecution for murder, murder in the first
and second degrees, attempted murder, and attempted murder in the first and
second degrees, criminal conspiracy to commit murder in any degree, criminal
solicitation to commit murder in any degree, sexual assault in the first and
second degrees, [and] continuous sexual assault of a minor under the age
of fourteen years, sex trafficking, and promoting prostitution may be
commenced at any time."
SECTION 2. Section 706-606.6, Hawaii Revised Statutes, is amended to read as follows:
"§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, or 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, or 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,
or 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,
or 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, or 712-1203, [or
712-1209.1,] within the maximum term of imprisonment possible under the
appropriate jurisdiction."
SECTION 3. Section 712-1200, Hawaii Revised Statutes, is amended as follows:
1. By
amending subsection (1) to read:
"(1)
A person commits the offense of prostitution if the person:
(a) Engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee; provided that this paragraph shall not apply if the person committing the offense is a minor; or
(b) Pays, agrees to
pay, or offers to pay a fee to another to engage in sexual conduct."
2. By
amending subsections (3) and (4) to read:
"(3)
[Prostitution] The offense of prostitution under
subsection (1)(a) is a
petty misdemeanor[; provided that:
(a) If the person
who commits the offense under subsection (1)(a) is a minor, prostitution is a
violation; and
(b) If the person
who commits the offense under subsection (1)(b) does so in reckless disregard
of the fact that the other person is a victim of sex trafficking, prostitution
is a class C felony].
(4) [A person
convicted of committing the offense of prostitution as a petty misdemeanor
shall be sentenced as follows:] The
offense of prostitution under subsection (1)(b) is a misdemeanor; provided that:
(a) For the first [offense,]
violation of subsection (1)(b), when the court has not deferred further
proceedings pursuant to chapter 853, [a fine of not less than $500 but not
more than $1,000 and the person may be sentenced to a term of imprisonment of
not more than thirty days or probation;] the person convicted of the
offense shall be sentenced to pay a fine, pursuant to section 706-640, of not
less than $1,000, and to imprisonment for a definite term, pursuant to section
706-663, of not less than thirty days; provided that the court may order a
sentence of probation in addition to the term of imprisonment; provided further
that in the event the convicted person defaults in payment of the fine, and the
default was not contumacious, the court may sentence the person to perform
services for the community as authorized by section 706-605(1)[.];
(b) For any subsequent
[offense, a fine of not less than $500 but not more than $1,000 and a term
of imprisonment of thirty days or probation,] violation of subsection (1)(b),
the person convicted of the offense shall be sentenced to pay a fine, pursuant
to section 706-640, of not less than $1,000, and to imprisonment for a definite
term, pursuant to section 706-663, of not less than ninety days without
possibility of deferral of further proceedings pursuant to chapter 853 and
without possibility of suspension of sentence[.]; provided that the
court may order a sentence of probation in addition to the term of
imprisonment; and
(c) For a person convicted under subsection (1)(b) and who committed the offense in reckless disregard of the fact that the other person is a victim of sex trafficking, the offense shall be a class C felony.
For
the purpose of this subsection, if the court has deferred further proceedings
pursuant to chapter 853, and notwithstanding any provision of chapter 853 to
the contrary, the defendant shall not be eligible to apply for expungement
pursuant to section 831-3.2 until [four] three years following
discharge. A plea previously entered by
a defendant under section 853-1 for a violation of this section shall be
considered a prior offense. When the
court has ordered a sentence of probation, the court may impose as a condition
of probation that the defendant complete a course of prostitution intervention
classes; provided that the court may only impose the condition for one term of
probation."
SECTION 4. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:
"§712-1202 Sex trafficking.
(1) A person commits the offense
of sex trafficking if the person knowingly:
(a) Advances
prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage
in prostitution, or profits from such conduct by another; [or]
(b) Advances or
profits from prostitution of a minor; [provided that with respect to the
victim's age, the prosecution shall be required to prove only that the person
committing the offense acted negligently.] or
(c) Offers or
agrees to pay a fee to a minor or to a member of a police department, a
sheriff, or a law enforcement officer who represents that person's self as a
minor to engage in sexual conduct.
(2)
Sex trafficking is a class A felony.
(3)
The state of mind requirement for the offenses under subsection (1)(b)
and (c) is not applicable to the fact that the person solicited was a
minor. A person is strictly liable with
respect to the attendant circumstance that the person solicited was a minor.
(4)
Consent to sexual conduct shall not constitute a defense to a violation
of this section.
(5)
Subsection (1)(c) shall not apply to any member of a police department,
a sheriff, or a law enforcement officer who offers or agrees to pay a fee to a
minor while acting in the course and scope of duties.
[(3)] (6) As used in this section:
"Fraud" means making material
false statements, misstatements, or omissions.
"Minor" means a person who is
less than eighteen years of age.
"Sexual conduct" has the same
meaning as in section 712-1200(2).
"Threat" means any of the actions listed in section 707-764(1)."
SECTION 5. Section 712-1203, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the
offense of promoting prostitution if the person [knowingly] recklessly
advances or profits from prostitution."
SECTION 6. Section 712-1208, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) Promoting travel for prostitution is a class
C felony[.]; provided that if the travel services in subsection (1)
are for the purpose of engaging in prostitution with a person who is under the
age of eighteen, promoting travel for prostitution is a class B felony."
SECTION 7. Section 712-1209.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) For the purposes of this section, a person
has the status of a "habitual prostitution offender" if the person,
at the time of the conduct for which the person is charged, had two or more
convictions within ten years of the instant offense for:
(a) Prostitution, in violation of section 712-1200(1)(b);
[(b) Street
solicitation of prostitution, in violation of section 712-1207(1)(b);
(c)] (b) Habitual
solicitation of prostitution, in violation of this section;
[(d)]
(c) An offense of any other jurisdiction
that is comparable to one of the offenses in paragraph (a)[,] or (b)[,
or (c)]; or
[(e)]
(d) Any
combination of the offenses in paragraph (a), (b), or (c)[, or (d)].
A conviction for purposes of this
section is a judgment on the verdict or a finding of guilt, or a plea of guilty
or nolo contendere. The convictions must
have occurred on separate dates and be for separate incidents on separate
dates. At the time of the instant
offense, the conviction must not have been expunged by pardon, reversed, or set
aside."
SECTION 8. Section 712-1209.6, Hawaii Revised Statutes, is amended to read as follows:
"§712-1209.6 Prostitution; motion
to vacate conviction. (1) A person convicted of committing the offense
of prostitution under section [712-1200,] 712-1200(1)(a),
loitering for the purpose of engaging in [or advancing] prostitution
under section [712-1206, street solicitation of prostitution in designated
areas under section 712-1207,] 712-1206(2), or convicted of a lesser
offense when originally charged with a violation of section [712-1200, 712‑1206,
or 712-1207,] 712-1200(1)(a) or 712-1206(2), may file a motion to
vacate the conviction if the [defendant's participation in the offense was
the result of the person having been a victim of:
(a) Sex trafficking
under section 712-1202 or promoting prostitution under section 712-1203; or
(b) A severe form
of trafficking in persons as defined in title 22 United States Code section
7102(9)(A).
(2) A motion filed under this section shall:
(a) Be in writing;
(b) Be signed and
sworn to by the petitioner;
(c) Be made within
six years after the date that the person ceases to be a victim as described in
subsection (1), subject to reasonable concerns for the safety of the defendant,
family members of the defendant, or other victims of the trafficking that may
be jeopardized by the bringing of a motion, or for other reasons consistent
with the purpose of this section;
(d) Describe all
the grounds and evidence for vacation of a conviction which are available to
the petitioner and of which the petitioner has or by the exercise of reasonable
diligence should have knowledge, and provide copies of any official documents
showing that the defendant is entitled to relief under this section; and
(e) Be subject to
the review and written approval of the state agency or county prosecutor
responsible for prosecuting the offense that is the subject of the motion to
vacate conviction.
(3)] person is not
subsequently convicted of any offense under the penal code within three years
after the date of the original conviction.
(2) The court shall hold a hearing on a motion
filed under this section [if the motion satisfies the requirements of
subsection (2); provided that the court may dismiss a motion without a hearing
if the court finds that the motion fails to assert grounds on which relief may
be granted.
(4)
If the court grants a motion filed under this section,] to review
the defendant's record over the three years after the date of the original
conviction under section 712‑1200(1)(a) or 712-1206(2) or conviction of a
lesser offense when originally charged with a violation of any of those
sections, and if the court finds that the defendant has not been convicted of
any offense under the penal code within this three year period, the court
shall vacate the conviction.
[(5) A person making a motion to vacate pursuant
to this section has the burden of proof by a preponderance of the evidence.
(6) This section shall not apply to a motion to
vacate a conviction under this chapter for:
(a) Sex trafficking
under section 712-1202;
(b) Promoting
prostitution under section 712-1203; or
(c) A person who
pays, agrees to pay or offers a fee to another person to engage in sexual
conduct.]"
SECTION 9. Section 804-4, Hawaii Revised Statutes, is amended to read as follows:
"§804-4 When a matter of right. (a) If
the charge is for an offense for which bail is allowable under section 804-3,
the defendant may be admitted to bail before conviction as a matter of right. [Except for section 712-1207(7), bail
shall be allowed for any person charged under section 712-1207 only subject to
the mandatory condition that the person observe geographic restrictions that
prohibit the defendant from entering or remaining on public property, in
Waikiki and other areas in the State designated by county ordinance during the
hours from 6 p.m. to 6 a.m.; and provided further that nothing contained in
this subsection shall be construed as prohibiting the imposition of stricter
geographic restrictions under section 804-7.1.] The right to bail shall continue after
conviction of a misdemeanor, petty misdemeanor, or violation, and release on
bail may continue, in the discretion of the court, after conviction of a felony
until the final determination of any motion for a new trial, appeal, habeas corpus,
or other proceedings that are made, taken, issued, or allowed for the purpose
of securing a review of the rulings, verdict, judgment, sentence, or other
proceedings of any court or jury in or by which the defendant has been
arraigned, tried, convicted, or sentenced; provided that:
(1) No bail shall be
allowed after conviction and prior to sentencing in cases where bail was not
available under section 804-3, or where bail was denied or revoked before
conviction; and
(2) No bail shall be
allowed pending appeal of a felony conviction where a sentence of imprisonment
has been imposed[; and
(3) No bail shall
be allowed pending appeal of a conviction for a violation of section 712-1207,
unless the court finds, based on the defendant's record, that the defendant may
be admitted to bail subject to the mandatory condition that the person observe
geographic restrictions that prohibit the defendant from entering or walking
along the public streets or sidewalks of Waikiki or other areas in the State
designated by county ordinance pursuant to section 712-1207 during the hours
from 6 p.m. to 6 a.m.
Notwithstanding any other provision of law to the
contrary, any person who violates these bail restrictions shall have the
person's bail revoked after hearing and shall be imprisoned forthwith].
(b) The court shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:
(1) By clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released; and
(2) That the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.
If the court makes these findings, the court shall
order the release of the person in accordance with section 804-7.1. No defendant entitled to bail, whether bailed
or not, shall be subject, without the defendant's written consent, to the
operation of any sentence passed upon the defendant, while any proceedings to
procure a review of any action of the trial court or jury in the premises are
pending and undetermined, except as provided in section 641-14(a) [or
section 712-1207]."
SECTION 10. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:
"§804-5 By whom allowed. In cases where the punishment for the offense
charged may be imprisonment for life not subject to parole, or imprisonment for
a term more than ten years with or without fine, a judge or justice of a court
of record, including a district judge, shall be competent to admit the accused
to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so
admitted to bail by any judge or justice of a court of record, including a
district judge, and in cases[, except under section 712-1207,] where the
punishment for the offense charged may not exceed two years' imprisonment with
or without fine, the sheriff, the sheriff's deputy, the chief of police or any
person named by the chief of police, or the sheriff of Kalawao, regardless of
the circuit within which the alleged offense was committed, may admit the
accused person to bail."
SECTION 11. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Criminal charges may
be instituted by written information for a felony when the charge is a class C
felony, except under:
(1) Section 159-28 (bribery
related to the Hawaii Meat Inspection Act);
(2) Section
161-28 (bribery related to the Hawaii Poultry Inspection Act);
(3) Section 707-712.5 (assault against a law enforcement officer in the first degree);
(4) Section
707-716 (terroristic threatening in the first degree);
(5) Section 707-732 (sexual assault in the third degree);
(6) Section 707-741 (incest);
(7) Section 707-752 (promoting child abuse in the third degree);
(8) Section 708-880 (commercial bribery);
(9) Section 709-904.5 (compensation by an adult of juveniles for crimes);
(10) Section 710-1026.9 (resisting an order to stop a motor vehicle in the first degree);
(11) Section 710-1070 (bribery of or by a witness);
(12) Section 710-1071 (intimidating a witness);
(13) Section 710-1072.2 (retaliating against a witness);
(14) Section 710-1073 (bribery of or by a juror);
(15) Section 710-1075 (jury tampering);
(16) Section 710-1075.5 (retaliating against a juror);
(17) Section 711-1106.4 (aggravated harassment by stalking);
(18) Section 711-1110.9 (violation of privacy in the first degree);
(19) Section 712-1208 (promoting travel for prostitution);
[(20) Section
712-1209.1 (solicitation of a minor for prostitution);
(21)] (20) Section
712-1209.5 (habitual solicitation of prostitution);
[(22)] (21) Section
712-1215 (promoting pornography for minors);
[(23)] (22) Section
712-1218 (failure to maintain age verification records of sexual performers);
[(24)] (23) Section
712-1218.5 (failure to maintain age verification records of sexually exploited
individuals); and
[(25)] (24) Section
712-1219 (failure to affix information disclosing location of age verification
records of sexual performers)."
SECTION 12. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "sexual offense" to read as follows:
""Sexual
offense" means an offense that is:
(1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), 707-733.6, 712-1202(1), or 712-1203(1), but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(1)(b), or section 707-732(1)(b) if the perpetrator is under the age of eighteen;
(2) An act defined in section 707-720 if the
charging document for the offense for which there has been a conviction alleged
intent to subject the victim to a sexual offense;
(3) An act that consists of:
(A) Criminal sexual conduct toward a minor, including but not limited to an offense set forth in section 707-759;
(B) Solicitation of a minor who is less than
fourteen years old to engage in sexual conduct;
(C) Use of a minor in a sexual performance;
(D) Production, distribution, or possession of
child pornography chargeable as a felony under section 707-750, 707-751, or
707-752; or
(E) Electronic enticement of a child chargeable
under section 707-756 or 707-757 if the offense was committed with the intent
to promote or facilitate the commission of another covered offense as defined
in this section; [or
(F) Solicitation of a minor for prostitution in
violation of section 712-1209.1;]
(4) A violation of privacy under section 711-1110.9;
(5) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraphs (1) through (4);
(6) A criminal offense that is comparable to or that exceeds a sexual offense as defined in paragraphs (1) through (5); or
(7) Any federal, military, out-of-state, tribal, or foreign conviction for any offense that under the laws of this State would be a sexual offense as defined in paragraphs (1) through (6)."
SECTION 13. Section 846E-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Tier 1 offenses. A covered offender who has maintained a clean
record for the previous ten years, excluding any time the offender was in
custody or civilly committed, and who has substantially complied with the
registration requirements of this chapter for the previous ten years, or for
the portion of that ten years that this chapter has been applicable, and who is
not a repeat covered offender may petition the court, in a civil proceeding,
for termination of registration requirements; provided that the covered
offender's most serious covered offense is one of the following:
(1) Any offense set
forth in section 707-732(1)(d) or (e), 707-733(1)(a), 707-752, 707-759,
711-1110.9, or 712-1203(1)[, or 712-1209.1];
(2) An offense set forth in section 707-721 or 707-722; provided that the offense involves unlawful imprisonment of a minor by someone other than a parent;
(3) An offense set forth in section 707-757 that includes an intent to promote or facilitate the commission of another covered offense as defined in section 846E-1;
(4) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1), (2), or (3);
(5) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4);
(6) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4); or
(7) Any other covered offense that is not specified in subsection (a) or (c) or paragraph (1), (2), (3), (4), (5), or (6)."
SECTION 14. Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not apply when:
(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;
(2) The offense charged is:
(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or
(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;
(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;
(4) The offense charged is a class A felony;
(5) The offense charged is nonprobationable;
(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;
(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;
(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;
(9) A firearm was used in the commission of the offense charged;
(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;
(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;
(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;
(13) The offense charged is:
(A) Escape in the first degree;
(B) Escape in the second degree;
(C) Promoting prison contraband in the first degree;
(D) Promoting prison contraband in the second degree;
(E) Bail jumping in the first degree;
(F) Bail jumping in the second degree;
(G) Bribery;
(H) Bribery of or by a witness;
(I) Intimidating a witness;
(J) Bribery of or by a juror;
(K) Intimidating a juror;
(L) Jury tampering;
(M) Promoting prostitution;
(N) Abuse of family or household member;
(O) Sexual assault in the second degree;
(P) Sexual assault in the third degree;
(Q) A violation of an order issued pursuant to chapter 586;
(R) Promoting child abuse in the second degree;
(S) Promoting child abuse in the third degree;
(T) Electronic
enticement of a child in the first degree;
(U) Electronic enticement of a child in the second degree;
(V) Prostitution pursuant to section 712-1200(1)(b);
[(W) Street
solicitation of prostitution under section 712-1207(1)(b);
(X)] (W) Solicitation
of prostitution near schools or public parks under section 712-1209; or
[(Y)](X) Habitual
solicitation of prostitution under section 712-1209.5; [or
(Z) Solicitation
of a minor for prostitution under section 712-1209.1;]
(14) The defendant has been charged with:
(A) Knowingly or intentionally falsifying any report required under chapter 11, part XIII with the intent to circumvent the law or deceive the campaign spending commission; or
(B) Violating section 11-352 or 11-353; or
(15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle."
SECTION 15. Section 712-1207, Hawaii Revised Statutes, is repealed.
["§712-1207 Street solicitation of
prostitution; designated areas. (1) It shall be unlawful for any person within
the boundaries of Waikiki and while on any public property to:
(a) Offer or agree
to engage in sexual conduct with another person in return for a fee; or
(b) Pay, agree to
pay, or offer to pay a fee to another person to engage in sexual conduct.
(2)
It shall be unlawful for any person within the boundaries of other areas
in this State designated by county ordinance pursuant to subsection (3), and
while on any public property to:
(a) Offer or agree
to engage in sexual conduct with another person in return for a fee; or
(b) Pay, agree to
pay, or offer to pay a fee to another person to engage in sexual conduct.
(3)
Upon a recommendation of the chief of police of a county, that county
may enact an ordinance that:
(a) Designates
areas, each no larger than three square miles, as zones of significant
prostitution-related activity that is detrimental to the health, safety, or
welfare of the general public; or
(b) Alters the
boundaries of any existing area under paragraph (a);
provided
that not more than four areas may be designated within the State.
(4)
Notwithstanding any law to the contrary, any person violating this
section shall be guilty of a petty misdemeanor and shall be sentenced to a
mandatory term of thirty days imprisonment.
The term of imprisonment shall be imposed immediately, regardless of
whether the defendant appeals the conviction, except as provided in subsection
(5).
(5)
As an option to the mandatory term of thirty days imprisonment, if the
court finds the option is warranted based upon the defendant's record, the
court may place the defendant on probation for a period not to exceed six
months, subject to the mandatory condition that the defendant observe
geographic restrictions that prohibit the defendant from entering or remaining
on public property, in Waikiki and other areas in the State designated by
county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic
restrictions by the defendant, the court, after hearing, shall revoke the
defendant's probation and immediately impose the mandatory thirty-day term of
imprisonment. Nothing contained in this
subsection shall be construed as prohibiting the imposition of stricter
geographic restrictions under section 706-624(2)(h).
(6)
Any person charged under this section may be admitted to bail, pursuant
to section 804-4, subject to the mandatory condition that the person observe
geographic restrictions that prohibit the defendant from entering or remaining
on public property, in Waikiki and other areas in the State designated by
county ordinance during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to
the contrary, any person who violates these bail restrictions shall have the
person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be
construed as prohibiting the imposition of stricter geographic restrictions
under section 804-7.1.
(7)
Notwithstanding any other law to the contrary, a police officer, without
warrant, may arrest any person when the officer has probable cause to believe
that the person has committed a violation of subsection (5) or (6), and the
person shall be detained, without bail, until the hearing under the appropriate
subsection can be held, which hearing shall be held as soon as reasonably
practicable.
(8)
For purposes of this section:
"Area" means any zone within a
county that is defined with specific boundaries and designated as a zone of
significant prostitution by this section or a county ordinance.
"Public property" includes any
street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or
other property owned or under the jurisdiction of any governmental entity or
otherwise open to the public.
"Sexual conduct" has the same
meaning as in section 712-1200(2).
"Waikiki" means that area of Oahu
bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.
(9)
This section shall apply to all counties; provided that if a county
enacts an ordinance to regulate street solicitation for prostitution, other
than an ordinance designating an area as a zone of significant
prostitution-related activity, the county ordinance shall supersede this
section and no person shall be convicted under this section in that county."]
SECTION 16. Section 712-1209.1, Hawaii Revised Statutes, is repealed.
["§712-1209.1 Solicitation of a
minor for prostitution.
(1) A person eighteen years of
age or older commits the offense of solicitation of a minor for prostitution if
the person intentionally, knowingly, or recklessly offers or agrees to pay a
fee to a minor or to a member of a police department, a sheriff, or a law
enforcement officer who represents that person's self as a minor to engage in
sexual conduct.
(2) Solicitation of a minor for prostitution is a
class C felony.
(3) A person convicted of committing the offense
of solicitation of a minor for prostitution shall be imposed a fine of not less
than $5,000; provided that $5,000 of the imposed fine shall be credited to the
general fund.
(4) This section shall not apply to any member of
a police department, a sheriff, or a law enforcement officer who offers or
agrees to pay a fee to a minor while acting in the course and scope of duties.
(5) The state of mind requirement for this
offense is not applicable to the fact that the person solicited was a minor. A person is strictly liable with respect to
the attendant circumstance that the person solicited was a minor.
(6) For purposes of this section:
"Minor" means a person
who is less than eighteen years of age.
"Sexual conduct" has
the same meaning as in section 712‑1200(2)."]
SECTION 17. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect on January 28, 2081.
Report Title:
Prostitution; Sex Trafficking; Minor; Motion to Vacate; Penalties; Statute of Limitations
Description:
Removes the criminal statute of limitations for sex trafficking and promoting prostitution. Exempts minors from criminal liability for prostitution. Permits persons convicted of certain prostitution offenses to file a motion to vacate the conviction if the defendant is not convicted of another offense under the Penal Code within three years of the prostitution offense. Establishes minimum criminal and regulatory penalties for prostitution, sex trafficking, and promoting travel for prostitution. Incorporates the offense of solicitation of a minor for prostitution into the offense of sex trafficking, which is a class A felony. Reduces the state of mind requirement for the offense of promoting prostitution. Repeals the offense of street solicitation of prostitution. (HB486 HD1)
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not legislation or evidence of legislative intent.