Bill Text: HI HB1466 | 2022 | Regular Session | Amended
Bill Title: Relating To Sexual Assault Of A Minor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) McKelvey excused (1). [HB1466 Detail]
Download: Hawaii-2022-HB1466-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1466 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SEXUAL ASSAULT OF A MINOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§707- Continuous sexual assault of a minor under the age of sixteen years in the second degree. (1) A person commits the offense of continuous sexual assault of a minor under the age of sixteen years in the second degree if the person:
(a) Either resides
in the same home with a minor under the age of sixteen years or has recurring
access to the minor; and
(b) While the minor
is under the age of sixteen years, engages in two or more acts of sexual penetration
or sexual contact with the minor over a period of time; provided that if the
minor is at least fourteen years old but less than sixteen years old, the person
is:
(i) Five
or more years older than the minor; and
(ii) Not
legally married to the minor.
(2) To convict under this section, the trier of
fact, if a jury, need unanimously agree only that the requisite number of acts
have occurred; the jury need not agree on which acts constitute the requisite
number.
(3) No other felony sex offense involving the same
victim may be charged in the same proceeding with a charge under this section,
unless the other charged offense occurred outside the period of the offense
charged under this section, or the other offense is charged in the alternative.
A defendant may be charged with only one
count under this section, unless:
(a) More than one
victim is involved, in which case a separate count may be charged for each
victim; or
(b) The charges
involve separate and distinct time periods having distinguishable circumstances.
(4) Continuous sexual assault of a minor under the age of sixteen years in the second degree is a class B felony."
SECTION 2. Section 707-733.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§707-733.6[]] Continuous
sexual assault of a minor under the age of [fourteen] sixteen
years[.] in the first degree. (1) A person commits the offense of continuous
sexual assault of a minor under the age of [fourteen] sixteen years
in the first degree if the person:
(a) Either resides in
the same home with a minor under the age of [fourteen] sixteen
years or has recurring access to the minor; and
(b) [Engages] While
the minor is under the age of sixteen years, engages in three or more acts
of sexual penetration or sexual contact with the minor over a period of time[,
while the minor is under the age of fourteen years.]; provided
that if the minor is at least fourteen years old but less than sixteen years
old, the person is:
(i) Five
or more years older than the minor; and
(ii) Not
legally married to the minor.
(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.
(3)
No other felony sex offense involving the same victim may be charged in
the same proceeding with a charge under this section, unless the other charged
offense occurred outside the period of the offense charged under this section,
or the other offense is charged in the alternative. A defendant may be charged with only one
count under this section, unless [more]:
(a) More than
one victim is involved, in which case a separate count may be charged for each
victim[.]; or
(b) The charges
involve separate and distinct time periods having distinguishable circumstances.
(4)
Continuous sexual assault of a minor under the age of [fourteen] sixteen
years in the first degree is a class A 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, and does not affect any proceedings begun or applications received by the paroling authority 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 on July 1, 2060, and
upon ratification of a constitutional amendment allowing the legislature, in cases
involving crimes against minors, to define what behavior constitutes a continuing
course of conduct, and what constitutes the jury unanimity that is required for
a conviction.
Report Title:
Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Sexual Assault; Minors
Description:
Establishes the class B felony offense of continuous sexual assault of a minor under the age of sixteen years in the second degree. Amends the offense of continuous sexual assault of a minor under the age of fourteen years to apply to minors under the age of sixteen years and to specify that the offense is in the first degree. Effective upon ratification of constitutional amendment. Effective 7/1/2060. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
