Bill Text: HI HB1513 | 2019 | Regular Session | Introduced
Bill Title: Relating To Prostitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-28 - Referred to PVM, JUD, FIN, referral sheet 6 [HB1513 Detail]
Download: Hawaii-2019-HB1513-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1513 |
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THIRTIETH LEGISLATURE, 2019 |
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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. The legislature finds that ensuring the health, safety, and well-being of people in the State, including sex workers, is a priority. However, statutes relating to prostitution often cause harm to people without the justification of a clear public purpose. The mere fact that some members of the community may be morally offended by the existence of prostitution should not be an excuse to criminalize private consensual conduct engaged in by adults behind closed doors, especially when public acts of sexual conduct are already sanctioned in laws governing public lewdness.
To address these problems, this Act repeals and clarifies a series of statutes relating to prostitution, with an intent to remove criminal sanctions against acts between consenting adults, allow for limited county authority to regulate public activities relating to prostitution, and amend and remove language that could create major felony exposure for those committing lessor crimes. This includes clarifying various crimes involving minors that were written to protect young people from exploitive adults, and not to criminalize the behavior of other young persons.
This Act also amends sections 712-1200, 712-1201, 712-1202, 712-1203, 712-1209.1, and 712-1209.6, Hawaii Revised Statutes, to allow for the prosecution of sex trafficking and the abuse of younger minors, without violating the rights to liberty outlined in the state constitution. Further, this Act repeals sections 712-1206 and 712-1209, Hawaii Revised Statutes. Sections 712‑1208 and 712-1209.5, Hawaii Revised Statutes, which were drafted strictly to appeal to persons who morally object to people who hire prostitutes, are also repealed.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Street solicitation of prostitution in designated areas. (a)
No person within the boundaries designated by county ordinance pursuant
to subsection (b), and while on any public property may:
(1) Offer or agree
to engage in sexual conduct with another person in return for a fee; or
(2) Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct.
(b)
Upon a recommendation of the chief of police of a county, that county
may enact an ordinance that:
(1) 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
(2) Alters the
boundaries of any existing area under paragraph (1);
provided
that not more than four areas may be designated within the State.
(c)
Any person violating this section shall pay a civil penalty of $500.
(d)
This section shall not apply to any member of a police department, a
sheriff or deputy sheriff, or any other law enforcement officer acting in the
course and scope of duties, unless engaged in sexual conduct.
(e)
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)."
SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§712- Prostitution;
motion to vacate conviction based on amendment or repeal of offense. (1)
Subject to subsection (4), a defendant convicted for the offense of
prostitution under section 712-1200 as that section read in any form before
July 1, 2019, may have the conviction vacated pursuant to this section, unless the
action or actions for which the person was convicted under section 712-1200 in
any previous form would have constituted an offense under section 712-1200 as
it read on July 1, 2019.
(2) Subject to subsection (4), a defendant
convicted for:
(a) Loitering for the purpose of engaging in or advancing prostitution under section 712-1206;
(b) Promoting travel for prostitution under section 712‑1208;
(c) Solicitation of
prostitution near schools or public parks under section 712-1209; or
(d) Habitual
solicitation of prostitution under section 712-1209.5,
as that section read in any form before July 1,
2019, may have the conviction vacated pursuant to this section.
(3) Subject to subsection (4), a defendant
convicted for street solicitation of prostitution under section 712-1207 as
that section read in any form before July 1, 2019, may have the conviction
vacated pursuant to this section; provided that:
(a) At least twelve
months have lapsed since the conviction; and
(b) The defendant has not been subsequently charged or convicted of any other offense.
(4) An offense may not be vacated pursuant to
this section if the offense arose from a set of facts and circumstances that
resulted in other criminal charges against the defendant.
(5) A motion filed under this section shall:
(a) Be in writing;
(b) Be signed and
sworn to by the petitioner;
(c) 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
(d) 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.
(6) The court shall hold a hearing on a motion
filed under this section if the motion satisfies the requirements of subsection
(5).
(7) If the court grants a motion filed under this
section, the court shall vacate the conviction."
SECTION 4. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A
person [commits the offense] engages in an act 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; or
(b) Pays, agrees to pay, or offers to pay a fee to another to engage in sexual conduct.
(2)
As used in this section:
"Minor" means a person who is
less than eighteen years of age.
"Sexual conduct" means
"sexual penetration", "deviate sexual intercourse", or
"sexual contact", as those terms are defined in section 707-700, or
"sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution is [a petty misdemeanor;] not an offense under
this section if each person who engages in an act of prostitution is at least
eighteen years of age; provided that[:
(a) If the] if
any person [who commits the offense under subsection (1)(a)] who engages
in an act of prostitution is a minor, [prostitution is] each
person who engages in the act shall be guilty of 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:
(a) For the first
offense, 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; provided 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, without possibility of
deferral of further proceedings pursuant to chapter 853 and without possibility
of suspension of sentence.
(c) 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 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.
(5)] (4)
This section shall not apply to any member of a police
department, a sheriff, or a law enforcement officer acting in the course and
scope of duties, unless engaged in sexual [penetration or sadomasochistic
abuse.] conduct.
[(6)] (5) A minor may be taken into custody by any
police officer without order of the judge when there are reasonable grounds to
believe that the minor has violated [[]subsection[]] (1)(a). The minor shall be released, referred, or
transported pursuant to section 571-31(b).
The minor shall be subject to the jurisdiction of the family court
pursuant to section 571-11(1), including for the purposes of custody,
detention, diversion, and access to services and resources."
SECTION 5. Section 712-1201, Hawaii Revised Statutes, is amended to read as follows:
"§712-1201 Advancing prostitution; profiting from
prostitution; definition of terms. In
sections 712-1202 and 712-1203[:], unless the context requires
otherwise:
[(1)] A person "advances prostitution"
if, acting other than as a prostitute or a patron of a prostitute, the person
knowingly causes or aids a person to commit or engage in prostitution, procures
or solicits patrons for prostitution, provides persons for prostitution
purposes, permits premises to be regularly used for prostitution purposes,
operates or assists in the operation of a house of prostitution or a prostitution
enterprise, or engages in any other conduct that is harmful or abuse of a
prostitute and designed to institute, aid, or facilitate an act or
enterprise of prostitution.
[(2)] A person "profits from
prostitution" if, acting other than as a prostitute receiving compensation
for personally-rendered prostitution services, the person accepts or receives
money or other property pursuant to an agreement or understanding with any
person whereby the person participates or is to participate in the proceeds of
prostitution activity."
SECTION 6. 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] Knowingly
advances prostitution by compelling or inducing a person by force, threat, fraud, or
intimidation to engage in prostitution, or profits from [such] that
conduct by another; or
(b) [Advances] Is
at least eighteen years of age and knowingly advances or profits from
prostitution of a [minor;] person under the age of sixteen;
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.
(2)
Sex trafficking is a class A felony.
(3)
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.]
"Threat" means any of the actions listed in section 707‑764(1)."
SECTION 7. Section 712-1203, Hawaii Revised Statutes, is amended to read as follows:
"§712-1203 Promoting prostitution. (1) A
person commits the offense of promoting prostitution if the person is of a
certain age as described in subsection (2) and knowingly advances or
profits from prostitution[.] of a minor.
(2)
Promoting prostitution is a [class]:
(a) Class B
felony[.] if the offender is at least twenty-one years of age; and
(b) Class C felony if the offender is under the age of twenty-one but no less than five years older than the minor."
SECTION 8. Section 712-1209.1, Hawaii Revised Statutes, is amended to read as follows:
"§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 is:
(a) Twenty-one
years of age or older and intentionally, knowingly, or recklessly offers or
agrees to pay a fee to a minor under the age of sixteen or to a member
of a police department, a sheriff, or a law enforcement officer who represents
that person's self as a minor under the age of sixteen to engage in
sexual conduct[.]; or
(b) Under the age
of twenty-one but at least eighteen years of age and intentionally, knowingly,
or recklessly offers or agrees to pay a fee to a minor no less than five years
younger than the person or to a member of a police department, a sheriff, or a
law enforcement officer who represents that person's self as a minor no less
than five years younger than the person making the solicitation.
(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)] (3) 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[.],
unless engaged in sexual conduct.
[(5)] (4) 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)] (5) For purposes of this section[:
"Minor" means a person
who is less than eighteen years of age.
"Sexual], "sexual
conduct" has the same meaning as in section 712‑1200(2)."
SECTION 9. Section 712-1209.6, Hawaii Revised Statutes, is amended to read as follows:
"§712-1209.6 Prostitution; motion by sex trafficking
victim to vacate conviction.
(1) A [person] defendant
convicted of committing the offense of prostitution under section 712-1200,
loitering for the purpose of engaging in or advancing prostitution under
section 712-1206, as that section read before July 1, 2019, street
solicitation of prostitution in designated areas under section 712-1207, as
that section read before July 1, 2019, or convicted of a lesser offense
when originally charged with a violation of [section 712-1200, 712‑1206,
or 712-1207,] one or more of the foregoing sections, and does not meet
the criteria to have the conviction vacated under section 712- , may file a motion to vacate the
conviction under this section 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] defendant 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) 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, the court shall
vacate the conviction.
(5)
A [person] defendant 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] defendant
who pays, agrees to pay or offers a fee to another person to engage in sexual
conduct."
SECTION 10. 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 11. 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 12. 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)] (19) Section 712-1209.1 (solicitation of a
minor for prostitution);
[(21) Section
712-1209.5 (habitual solicitation of prostitution);
(22)] (20) Section 712-1215 (promoting pornography
for minors);
[(23)] (21) Section 712-1218 (failure to maintain
age verification records of sexual performers);
[(24)] (22) Section 712-1218.5 (failure to maintain
age verification records of sexually exploited individuals); and
[(25)] (23) Section 712-1219 (failure to affix
information disclosing location of age verification records of sexual
performers)."
SECTION 13. 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) Solicitation
of prostitution near schools or public parks under section 712-1209;
(Y) Habitual
solicitation of prostitution under section 712-1209.5;] or
[(Z)] (V) 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 14. Section 712-1206, Hawaii Revised Statutes, is repealed.
["[§712-1206]
Loitering for the purpose of engaging in
or advancing prostitution.
(1) For the purposes of this
section, "public place" means any street, sidewalk, bridge, alley or
alleyway, plaza, park, driveway, parking lot or transportation facility or the
doorways and entrance ways to any building which fronts on any of the aforesaid
places, or a motor vehicle in or on any such place.
(2) Any person who remains or wanders about in a
public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts
to stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes
with the free passage of other persons for the purpose of committing the crime
of prostitution as that term is defined in section 712-1200, shall be guilty of
a violation.
(3) Any person who remains or wanders about in a
public place and repeatedly beckons to, or repeatedly stops, or repeatedly
attempts to engage passers-by in conversation, or repeatedly stops or attempts
to stop motor vehicles, or repeatedly interferes with the free passage of other
persons for the purpose of committing the crime of advancing prostitution as
that term is defined in section 712-1201(1) is guilty of a petty misdemeanor."]
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 712-1208, Hawaii Revised Statutes, is repealed.
["[§712-1208] Promoting travel for prostitution. (1) A
person commits the offense of promoting travel for prostitution if the person knowingly
sells or offers to sell travel services that include or facilitate travel for
the purpose of engaging in what would be prostitution if occurring in the
State.
(2) "Travel services" has the same
meaning as in section 468L-1.
(3) Promoting travel for prostitution is a class
C felony."]
SECTION 17. Section 712-1209, Hawaii Revised Statutes, is repealed.
["[§712‑1209]
Solicitation of prostitution near
schools or public parks.
(1) A person commits the offense
of solicitation of prostitution near schools or public parks if, within seven
hundred fifty feet of a school or public park, the person offers or agrees to
pay a fee to another person to engage in sexual conduct.
(2) Solicitation of prostitution near schools or
public parks is a misdemeanor.
(3) For purposes of this section:
"School" has the same
meaning as in section 712-1249.6(6).
"Sexual conduct" has
the same meaning as in section 712‑1200(2)."]
SECTION 18. Section 712-1209.5, Hawaii Revised Statutes, is repealed.
["[§712‑1209.5]
Habitual solicitation of prostitution. (1) A
person commits the offense of habitual solicitation of prostitution if the
person is a habitual prostitution offender and pays, agrees to pay, or offers
to pay a fee to another person to engage in sexual conduct.
(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) Habitual
solicitation of prostitution, in violation of this section;
(d) An offense of
any other jurisdiction that is comparable to one of the offenses in paragraph
(a), (b), or (c); or
(e) Any combination
of the offenses in paragraph (a), (b), (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.
(3) Habitual solicitation of prostitution is a
class C felony."]
SECTION 19. Any county ordinance enacted pursuant to section 707-1207(9), Hawaii Revised Statutes, as it read before the effective date of this Act shall be void as of the effective date of this Act.
SECTION 20. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 22. This Act shall take effect on July 1, 2019.
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Report Title:
Prostitution; Sex Trafficking; Motions to Vacate
Description:
Repeals or amends various criminal offenses relating to prostitution.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
