Bill Text: HI SB1223 | 2013 | Regular Session | Introduced

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Bill Title: Electronic monitoring; sexual assault of a minor; sentencing.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2013-01-28 - Referred to JDL, WAM. [SB1223 Detail]

Download: Hawaii-2013-SB1223-Introduced.html

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THE SENATE	S.B. NO.	1223
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to crime.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-A   Sentence of imprisonment for class A felony sexual offenses against children; mandatory minimum sentencing.

     (a)  Notwithstanding any provision of chapter 706 to the contrary, a person convicted of sexual assault in the first degree under section 707-730(1)(b) or 707-730(1)(c) shall be sentenced to a mandatory minimum term of imprisonment, without possibility of parole, for a period of twenty five years."

SECTION 2.  Chapter 846E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

“Part

ELECTRONIC MONITORING FOR CERTAIN SEX OFFENDERS

     §846E-A   Electronic monitoring; obligation.    (a)  In addition to the registration requirements of this chapter, a covered offender shall also be subject to electronic monitoring as mandated by this part.  The obligation to be subject to electronic monitoring shall run concurrently with the obligation to provide sex offender registration.

     (b)  The attorney general shall use a system of active electronic monitoring that identifies the location of a monitored offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from specified geographic limitations, produces an audible alarm upon damage of a degree that would render location identification functions inoperative, and may contract with a private vendor to meet the mandate of this part.

     §846E-B   Periodic maintenance of electronic monitoring device; damage.   (a)  Unless the covered offender is incarcerated or has registered with a designated law enforcement agency after establishing residence in another state, every five years, the covered offender shall report in person to the attorney general for periodic maintenance of the electronic monitoring device. 

     (b)  In the event of damage to the electronic monitoring device of a degree that would render location identification inoperative, the covered offender shall immediately inform the attorney general's office of such damage and, within four hours of such damage, report in person to the attorney general, or their designee, for repair or replacement of the device.

     §846E-C   Termination of electronic monitoring requirements.   (a)  A successful petition for termination of registration requirements under section 846E-10 shall also terminate all electronic monitoring requirements.

     (b)  No separate petition for termination of electronic monitoring requirements shall be made to a court."

SECTION 3.  Section 846E-9, Hawaii Revised Statutes, is amended to read as follows:

     "§846E-9  Failure to comply with covered offender registration requirements; electronic monitoring requirements.  (a)  A person commits the offense of failure to comply with covered offender registration and electronic monitoring requirements if the person is required to register under this chapter and the person intentionally, knowingly, or recklessly:

     (1)  Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

     (2)  Fails to report in person every five years until June 30, 2009, and beginning on July 1, 2009, once every year, during the thirty-day period following the offender's date of birth, to the chief of police where the covered offender's residence is located, or to such other department or agency designated by the attorney general;

     (3)  While reporting to the chief of police or such other department or agency designated by the attorney general, fails to correct information in the registry within the offender's knowledge that has changed or is inaccurate regarding information required by section 846E-2(d)(1) through (12);

     (4)  While reporting to the chief of police or such other department or agency designated by the attorney general, fails to provide new information that may be required by section 846E-2(d)(1) through (12);

     (5)  While reporting to the chief of police or such other department or agency designated by the attorney general, does not allow the police or other designated department or agency to take a current photograph of the person;

     (6)  Fails to register in person with the chief of police having jurisdiction of the area where the covered offender resides or is present within three working days whenever the provisions of section 846E-2(g) require the person to do so;

     (7)  Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the covered offender's registration information in writing within three working days of the change;

     (8)  Provides false registration information to the attorney general, the Hawaii criminal justice data center, or a chief of police;

     (9)  Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not substantially accurate and current;

    (10)  Having failed to establish a new residence within the ten days while absent from the person's registered residence for ten or more days:

         (A)  Fails to notify the attorney general in writing within three working days that the person no longer resides at the person's registered residence; or

         (B)  Fails to report to a police station in the State by the last day of every month; [or]

    (11)  Fails to mail or deliver the periodic verification of registration information form to the attorney general within ten days of receipt, as required by section 846E-5; provided that it shall be an affirmative defense that the periodic verification form mailed to the covered offender was delivered when the covered offender was absent from the registered address and the covered offender had previously notified the Hawaii criminal justice data center that the covered offender would be absent during the period that the periodic verification form was delivered; or

    (12)  Fails to appear before the attorney general to submit to electronic monitoring;

    (13)  Fails to report in person every five years before the attorney general, or their designee, for maintenance on the electronic monitoring device;

    (14)  Fails to report in person, within four hours, before the attorney general, or their designee, for repair or replacement of the electronic monitoring device in the event of damage to the electronic monitoring device of a degree that would render location identification inoperative; or

    (15)  Inflicts damage to the electronic monitoring device to a degree that would render location identification inoperative.

     [(b)] (c)  Failure to comply with covered offender registration and electronic monitoring requirements is a class [C] A felony, provided the court shall sentence the person who has been convicted of this offense to a minimum term of imprisonment of not less than twenty years without the possibility of probation or suspension of sentence."

     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 on July 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 

 

Report Title:

Electronic monitoring; sexual assault of a minor; sentencing.

 

Description:

Establishes mandatory minimum sentence of twenty-five years for felony sexual assault of a minor. Adds requirement of electronic monitoring to covered offenders under chapter 846E.  Jessica's Law.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.