Bill Text: HI SB1335 | 2015 | Regular Session | Introduced
Bill Title: Public Safety; Law Enforcement Officers; Custody; Sexual Assault in the Second Degree and Third Degree
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-03-31 - The committee(s) on JUD recommend(s) that the measure be deferred. [SB1335 Detail]
Download: Hawaii-2015-SB1335-Introduced.html
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THE SENATE |
S.B. NO. |
1335 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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:
(a) The person recklessly subjects another person to an act of sexual penetration by compulsion;
(b) The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;
(c) The person 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 to have sexual contact with the person; provided that:
(i) The person is not less than five years older than the minor; and
(ii) The person is not legally married to the minor;
(d) The person knowingly subjects to sexual contact another 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 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 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; or
(f) The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.
For the purposes of this subsection, "custody" means a person who is stopped by or under the control of a law enforcement officer for official purposes. "Custody" includes but is not limited to a law enforcement officer making a traffic stop and requesting any identification, license, or registration.
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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Safety; Law Enforcement Officers; Custody; Sexual Assault in the Third Degree
Description:
Defines "custody" to mean a person who is stopped by or under the control of a law enforcement officer for official purposes. Prohibits a law enforcement officer from knowingly subjecting a person to sexual contact when making a traffic stop and requesting any identification, license, or registration.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
