Bill Text: HI SB783 | 2019 | Regular Session | Introduced
Bill Title: Relating To Prostitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-24 - Referred to JDC, WAM. [SB783 Detail]
Download: Hawaii-2019-SB783-Introduced.html
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THE SENATE |
S.B. NO. |
783 |
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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. Ensuring the health, safety, and well-being of people in Hawaii, including sex workers, is a priority of the State. However, current 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.
To address these problems, this Act repeals and clarifies a series of statutes relating to prostitution, with an aim to remove criminal sanctions against acts of consenting adults, allow for a limited county authority to regulate public activities relating to prostitution, and amend and remove language that could create major felony exposure for those committing lesser crimes. This includes clarifying various crimes involving minors that were written to protect young people from exploitive adults, not to criminalize the behavior of minors who are not in an exploitative relationship. The statutes have been reworded to approximate the crime of statutory rape.
Further, this Act broadly amends existing statutes to allow clearer means of dealing with sex trafficking and the abuse of minors without creating new harms and violating the rights to liberty as outlined in the Hawaii State Constitution.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A
person [commits the offense] engages in the 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 part; provided that[:]
[(a) If the person who commits the offense under
subsection (1)(a) is a minor, prostitution is 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.]
the persons engaging in the sexual conduct are
not minors; provided further that if the person engaging in prostitution
pursuant to subsection (1) is a minor, prostitution is an offense pursuant to
this part.
[(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, as defined in this section, which shall be subject to
the applicable provisions under chapter 707.
[(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 3. Section 712-1201, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(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, harms or abuses a prostitute, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution."
SECTION 4. Section 712-1202, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(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 conduct by another; or
(b) [Advances] Is over the age of
eighteen 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.
By amending subsection (3) to read:
"(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 5. 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 knowingly
advances or profits from prostitution[.] of a minor.
(2)
Promoting prostitution is a class B felony[.] if committed by
a person who is twenty-one years or older.
(3)
Promoting prostitution is a class C felony if committed by a person who
is under the age of twenty-one and who is five or more years older than the minor
victim."
SECTION 6. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows:
"§712-1207 Street solicitation of prostitution;
designated areas. (1) [It]
A county may petition the court to establish designated areas where it shall
be unlawful for any person within the boundaries of [Waikiki] the
designated areas 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)] (2) [Upon a recommendation of the chief of
police of a county, that county may enact an ordinance that:] The court
shall hold a hearing to consider the county's petition. The court shall make reasonable efforts to
identify advocates for sex workers and consider any arguments they present in
opposition to or with advice on the county petition before making its
ruling. The county's petition shall:
(a) [Designates] Designate 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] Alter the boundaries of
any existing area under paragraph (a);
provided
that not more than four areas may be designated within the State.
[(4)] (3) 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).] subject to a civil fine in the amount of
$500.
[(5)] (4) As an option to the [mandatory term of
thirty days imprisonment,] civil fine, 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]
may revoke the defendant's probation and [immediately] impose [the
mandatory] a 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)] (5) 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] within
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)] (6) 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 (4) or (5) [or (6)], and the person [shall] may
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)] (7) 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)] (8) 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].
(9) This section shall not apply to any member of
a police department, a sheriff, or law enforcement officer acting in the course
and scope of duties, unless engaged in sexual conduct as defined in section
712-1200(2)."
SECTION 7. 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 intentionally, knowingly, or recklessly offers or agrees to pay a fee to a minor or to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct.
(2) [Solicitation of] A person
twenty-one years or older commits the offense of solicitation if the person
intentionally, knowingly, or recklessly offers or agrees to pay a fee to a [minor]
person under the age of sixteen for prostitution [is a class C felony].
(3) A person under the age of twenty-one commits
the offense of solicitation if the person intentionally, knowingly, or
recklessly offers or agrees to pay a fee to a minor five or more years younger
than the soliciting party.
[(3)]
(4) [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.] Solicitation of a minor is
a class C felony.
[(4)]
(5) 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 as defined in
section 712-1200(2).
[(5)]
(6) 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)]
(7) For purposes of this section:
"Minor" means a person who is less than eighteen years of age.
"Sexual conduct" has the same meaning as in section 712‑1200(2)."
SECTION 8. Section 712-1209.6, Hawaii Revised Statutes, is amended to read as follows:
"§712-1209.6 Prostitution; motion to vacate conviction. (1) [A
person 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, street solicitation of prostitution in designated areas
under section 712-1207, or convicted of a lesser offense when originally
charged with a violation of section 712-1200, 712-1206, or 712-1207, may file a
motion to vacate the conviction 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).]
All convictions for violations under sections
712-1200, 712‑1208, 712-1209, and 712-1209.5 shall be vacated by the
appropriate court. All open cases,
outstanding warrants, and any other issues related to these sections are moot
as of the effective date of this section.
(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 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.
Convictions under section 712-1207 may be vacated
by petitioning to the appropriate court.
These shall be granted if the applicant has no subsequent convictions or
is under no current investigation for criminal charges, and a period of twelve
months has elapsed since the conviction, during which no additional criminal
charges have been filed or convictions have been entered against the
petitioner.
[(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 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 who
pays, agrees to pay or offers a fee to another person to engage in sexual
conduct.]"
SECTION 9. 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 10. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a) 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 11. 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); or
[(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)] (X) 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 12. 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 13. 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 14. 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 15. 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 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect upon its approval.
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Report Title:
Prostitution; Solicitation; Penalties; Vacate Conviction; Repeal
Description:
Repeals the penalties for consensual adult prostitution and promotion of adult prostitution. Vacates convictions for decriminalized conduct. Makes clarifying and conforming amendments.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
