THE SENATE	S.B. NO.	2046
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to crime.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353C-     Prostitution offender education program special fund.  (a)  There is established in the state treasury the prostitution offender education program special fund to be administered by the department.  The fund shall consist of amounts collected from the surcharges imposed under section 712-1200.

     (b)  Proceeds of the fund shall be expended by the director for the purpose of funding and administering the prostitution offender education program.

     (c)  In administering the prostitution offender education program special fund, the director shall maintain records of all expenditures and disbursements made from the fund.

     (d)  The director shall submit to the legislature an annual report on the activities under the prostitution offender education program special fund no later than twenty days prior to the convening of each regular session."

     SECTION 2.  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 engages in, or agrees or offers to engage in, sexual conduct with another person for a fee.

     (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.

     (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 mandatory fine of $500 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 $500 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 mandatory fine of $500 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)  In addition to the penalties imposed in subsection (4), for the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section, the patron of a prostitute shall be sentenced as follows:

    (a)   An eight-hour minimum prostitution offender education program, including education and counseling, in the harm caused to prostituted persons by patrons who create the demand for prostitution; and

    (b)   A surcharge of $500 to be deposited into the prostitution offender education program special fund.

     [(5)] (6)  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."

     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 on July 1, 2010.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

First Offender Prostitution Program

 

Description:

Provides that patrons of prostitutes who are convicted of a first offense shall be required to pay a $500 surcharge and complete an 8-hour educational and counseling program.  Establishes a special fund to fund and administer the program.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.