Bill Text: HI SB351 | 2010 | Regular Session | Introduced
Bill Title: Sexual Assault; Psychologist; Patient
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB351 Detail]
Download: Hawaii-2010-SB351-Introduced.html
Report Title:
Sexual Assault; Psychologist; Patient
Description:
Makes it a class B felony for a psychotherapist to subject a patient to sexual penetration, and a class C felony for a psychotherapist to subject a patient to sexual contact.
|
THE SENATE |
S.B. NO. |
351 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
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 707-731, Hawaii Revised Statutes, is amended to read as follows:
"§707-731 Sexual assault in the second degree. (1) A person commits the offense of sexual assault in the second degree if:
(a) The person knowingly subjects another person to an act of sexual penetration by compulsion;
(b) The person knowingly subjects to sexual
penetration another person who is mentally incapacitated or physically
helpless; [or]
(c) 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(13),
knowingly subjects to sexual penetration 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;
provided that paragraph (b) and this paragraph shall not be construed to
prohibit practitioners licensed under chapter 453, 455, or 460, from performing
any act within their respective practices; and further provided that this
paragraph shall not be construed to prohibit a law enforcement officer from
performing a lawful search pursuant to a warrant or exception to the warrant
clause[.]; or
(d) A psychotherapist knowingly subjects to sexual penetration a patient or former patient. For purposes of this paragraph:
(i) "Former patient" means a person who was given psychotherapy within two years prior to sexual contact with the psychotherapist;
(ii) "Patient" means a person who seeks or obtains psychotherapy;
(iii) "Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, licensed professional counselor, or other person, regardless of whether licensed by the State, who performs or purports to perform psychotherapy; and
(iv) "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
(2) Sexual assault in the second degree is a class B felony."
SECTION 2. Section 707-732, Hawaii Revised Statutes, is amended to read as follows:
"§707-732 Sexual assault in the third degree. (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(13),
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[.]; or
(g) A psychotherapist knowingly subjects to sexual contact a patient or former patient. For purposes of this paragraph:
(i) "Former patient" means a person who was given psychotherapy within two years prior to sexual contact with the psychotherapist;
(ii) "Patient" means a person who seeks or obtains psychotherapy;
(iii) "Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, licensed professional counselor, or other person, regardless of whether licensed by the State, who performs or purports to perform psychotherapy; and
(iv) "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
Paragraphs (b), (c), (d), and (e) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, 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.
(2) Sexual assault in the third degree is a 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: |
_____________________________ |
|
|
|
