Bill Text: HI HB2395 | 2014 | Regular Session | Amended
Bill Title: Sexual Assault of a Minor Less than Fourteen Years; Mandatory Minimum Sentencing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Hanohano, Jordan voting aye with reservations; none voting no (0) and Representative(s) Cachola, Carroll, Creagan, Nakashima, Takumi excused (5). [HB2395 Detail]
Download: Hawaii-2014-HB2395-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2395 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SENTENCING.
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- Mandatory minimum sentence of imprisonment for a class A felony first degree sexual assault against children. (1) 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) shall be sentenced to a mandatory minimum term of imprisonment, without the possibility of parole, for a period of twenty years.
(2) This section shall not apply to:
(a) Convicted defendants who are minors;
(b) Convicted defendants who are severely developmentally disabled; or
(c) Convicted defendants who have shown by clear and convincing evidence that prior to the commission of the offense:
(i) The minor victim purported to be at least sixteen years; and
(ii) Displayed photographic government issued identification corroborating the minor victim was at least sixteen years old.
(3) A person sentenced to a minimum sentence pursuant to this section shall not be released, paroled or allowed any term of suspended sentence during the minimum term of the person's sentence."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Sexual Assault of a Minor Less than Fourteen Years; Mandatory Minimum Sentencing
Description:
Establishes a mandatory minimum sentence of twenty years for first degree sexual assault of a minor who is less than fourteen years of age. Effective July 1, 2050. (HB2395 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
