Bill Text: HI HB250 | 2021 | Regular Session | Amended
Bill Title: Relating To Sexual Assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-01 - Act 022, 05/28/2021 (Gov. Msg. No. 1122). [HB250 Detail]
Download: Hawaii-2021-HB250-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
250 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO SEXUAL ASSAULT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there was an incident
in which a Honolulu police officer was indicted for the offense of sexual
assault in the third degree for knowingly subjecting a teenage girl in custody to
sexual contact. The indictment was based
on the interpretation that a person being stopped by a police officer for a traffic
infraction was in "custody".
However, the indictment was dismissed with prejudice due to the court's determination
that the term "custody" in the Hawaii Revised Statutes did not include
a traffic stop.
The purpose of this Act is to clarify that the offenses of sexual assault in the second degree and sexual assault in the third degree include, and explicitly prohibit, a law enforcement officer from knowingly subjecting to sexual penetration or sexual contact, a person who is being stopped by a law enforcement officer or accompanied by a law enforcement officer for official purposes, including during a traffic stop.
SECTION 2. Section 707-731, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of sexual
assault in the second degree if[:] the person:
(a) [The person
knowingly] Knowingly subjects another person to an act of sexual
penetration by compulsion;
(b) [The person
knowingly] Knowingly subjects to sexual penetration [another]
a person who is mentally incapacitated or physically helpless;
(c) [The person,
while] While employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a correctional facility;
(iii) By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
(iv) By a private
correctional facility operating in the State [of Hawaii]; or
(v) As a law enforcement officer as defined in section 710-1000,
knowingly subjects to sexual penetration:
an imprisoned person[,]; a person confined to a detention
facility[,]; a person committed to the director of public safety[,];
a person residing in a private correctional facility operating in the State [of Hawaii, or]; a
person in custody; [provided that paragraph (b)
and this paragraph shall not be construed to prohibit practitioners licensed
under chapter 453 or 455 from performing any act within their respective
practices; and further] a person who is stopped by a law enforcement
officer; or a person who is being accompanied by a law enforcement
officer for official purposes; provided that this paragraph
shall not be construed to prohibit a law enforcement officer from performing a
lawful search pursuant to a warrant or exception to the warrant clause; or
(d) [The person
knowingly] Knowingly subjects to sexual penetration a [minor]
person who is at least sixteen years old and the [person] actor
is contemporaneously acting in a professional capacity to instruct, advise, or
supervise [the minor;] such a person; provided that[:] the
actor is:
(i) [The person is
not] No less than five years older than the minor; and
(ii) [The person is not]
Not legally married to the minor.
Paragraphs (b) and (c) shall not
be construed to prohibit practitioners licensed under chapter 453 or 455 from
performing any act within their respective practices."
SECTION 3. Section 707-732, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of sexual
assault in the third degree if[:] the person:
(a) [The person recklessly]
Recklessly subjects another person to an act of sexual penetration by compulsion;
(b) [The person
knowingly] Knowingly subjects to sexual contact [another] a
person who is less than fourteen years old or causes such a person to have
sexual contact with the [person;] actor;
(c) [The person knowingly]
Knowingly engages in sexual contact with a person who is at least
fourteen years old but less than sixteen years old or causes [the minor]
such a person to have sexual contact with the [person;] actor;
provided that[:] the actor is:
(i) [The person is
not] No less than five years older than the minor; and
(ii) [The person is
not] Not legally married to the minor;
(d) [The person
knowingly] Knowingly subjects to sexual contact [another] a
person who is mentally defective, mentally incapacitated, or physically
helpless, or causes such a person to have sexual contact with the actor;
(e) [The person,
while] While employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a correctional facility;
(iii) By a private company providing community‑based residential services to persons committed to the director of public safety and having received notice of this statute;
(iv) By a private
correctional facility operating in the State [of Hawaii]; or
(v) As a law
enforcement officer as defined in section [[]710-1000[]],
knowingly subjects to sexual
contact, or causes
to have sexual contact: an imprisoned person[,]; a person
confined to a detention facility[,]; a person committed to the
director of public safety[,]; a person residing in a private correctional
facility operating in the State [of Hawaii, or]; a person in custody[,
or causes the person to have sexual contact with the actor]; a person
who is stopped by a law enforcement officer; or a person who is being accompanied
by a law enforcement officer for official purposes; provided that this paragraph
shall not be construed to prohibit a law enforcement officer from performing a
lawful search pursuant to a warrant or an exception to the warrant clause; or
(f) [The person
knowingly,] Knowingly, by strong compulsion, has sexual contact with
another person or causes another person to have sexual contact with the actor.
Paragraphs (b), (c), (d), and (e)
shall not be construed to prohibit practitioners licensed under chapter 453 or
455 from performing any act within their respective practices[; provided further
that paragraph (e)(v) shall not be construed to prohibit a law enforcement
officer from performing a lawful search pursuant to a warrant or an exception
to the warrant clause]."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Sexual Assault; Offenses Against Persons Stopped By or Accompanied By Law Enforcement Officers
Description:
Includes as offenses of sexual assault in the second degree and sexual assault in the third degree, offenses against a person who is stopped by a law enforcement officer and a person who is accompanied by a law enforcement officer for official purposes. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
