Bill Text: HI SB933 | 2016 | Regular Session | Introduced
Bill Title: Sexual assault; Practitioners; Limited immunity
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to CPH, JDL. [SB933 Detail]
Download: Hawaii-2016-SB933-Introduced.html
|
THE SENATE |
S.B. NO. |
933 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SEXUAL ASSAULTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 707-730, Hawaii Revised Statutes, is amended to read as follows:
§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if:
(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old;
(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; 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 penetration another person who is mentally defective; or
(e) The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.
Paragraphs (b) and (c) shall not be construed to
prohibit practitioners licensed under chapter 453, [or] 455, 457,
or 461J from performing any authorized or valid procedure [act]
within the scope of their respective licensed practice practices.
(2) Sexual assault in the first degree is a class A felony.
SECTION 2. Section 707-730, 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) shall not be construed to prohibit practitioners
licensed under chapter 453, or 455, 457, or 461J from
performing any authorized or valid procedure [act] within the
scope of their respective licensed practice [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.
(2) Sexual assault in the second degree is a class B felony.
SECTION 3. Section 707-730, 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.
Paragraphs (b), (c), (d), and (e) shall not be
construed to prohibit practitioners licensed under chapter 453, [or]
455, 457, or 461J from performing any authorized or valid procedure
act within the scope of their respective licensed practice
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Sexual assault; Practitioners; Limited immunity
Description:
Limits acts of penetration to any authorized or valid medical procedures by licensed practitioners within the scope of their licensed practice. Includes medical and osteopathic physicians and surgeons, naturopaths, physical therapists, assistants, nurses and midwives as licensed practitioners.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
