Bill Text: HI SB919 | 2016 | Regular Session | Introduced
Bill Title: Prostitution; Sentencing; Prostitution Offender Education Program; Appropriation ($)
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB919 Detail]
Download: Hawaii-2016-SB919-Introduced.html
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THE SENATE |
S.B. NO. |
919 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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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. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person:
(a) Engages in, or agrees or offers to engage in, sexual conduct with another person 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 subsection (1), "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.
(4) A person convicted of committing the offense of prostitution 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 such condition for one term of probation.
(5) 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.
(6) In addition to the penalties imposed under subsection (4), a person convicted under subsection (1)(b) shall be sentenced to no less than eight hours in a prostitution offender education program that provides counseling and education services to the defendant regarding prostitution and the effects that prostitution has on victims of prostitution, including violence against prostituted persons, health risks associated with prostitution, and the effects of prostitution on families and communities."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 for the judiciary to carry out the purposes of this Act.
The sum appropriated shall be expended by the judiciary for the purposes of this Act.
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Prostitution; Sentencing; Prostitution Offender Education Program; Appropriation
Description:
Requires persons convicted of the offense of prostitution for paying, agreeing to pay, or offering to pay a fee to another to engage in sexual conduct to serve no less than eight hours in a prostitution offender education program. Appropriates funds to the judiciary.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
