Bill Text: HI HB868 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Sexual Assault.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB868 Detail]

Download: Hawaii-2024-HB868-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	868
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to sexual assault.

 

 

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

 

     SECTION 1.  Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

     "(5)  Notwithstanding any other law to the contrary, any person convicted of any of the following [misdemeanor] offenses:

     (a)  Section 707-712 relating to assault in the third degree;

     (b)  Section 707-717 relating to terroristic threatening in the second degree;

     (c)  Section 707-733 relating to sexual assault in the fourth degree;

     (d)  Section 708-822 relating to criminal property damage in the third degree;

     (e)  Section 708-832 relating to theft in the third degree; and

     (f)  Section 708-833.5(2) relating to misdemeanor shoplifting,

and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment.  Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E."

     SECTION 2.  Section 707-733, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Sexual assault in the fourth degree is a [misdemeanor.] class C felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sexual Assault; Felony; Sentencing

 

Description:

Makes sexual assault in the fourth degree a class C felony.

 

 

 

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