Bill Text: HI SB2089 | 2022 | Regular Session | Amended
Bill Title: Proposing An Amendment To Article I, Section 25, Of The Hawaii Constitution Regarding Crimes Against Minors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2022-03-21 - Notice of bill proposing constitutional amendment transmitted to Governor pursuant to Article XVII, Section 3 (Sen. Com. No. 2). [SB2089 Detail]
Download: Hawaii-2022-SB2089-Amended.html
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THE SENATE |
S.B. NO. |
2089 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 25, OF THE HAWAII CONSTITUTION REGARDING CRIMES AGAINST MINORS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 1997, the legislature passed a law to prohibit continuous sexual assault of a minor under the age of fourteen years. However, that law was invalidated by the Hawaii supreme court. A similar constitutional amendment was passed by voters in 2004 but was also invalidated by the Hawaii supreme court. The present version of article I, section 25, of the Hawaii State Constitution was passed by voters in 2006, and authorizes the legislature to define what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than fourteen years of age. The present version of article I, section 25, of the Hawaii State Constitution also allows the legislature to define what constitutes the jury unanimity that is required for a conviction under this charge. This is significant because, for example, all twelve jurors may agree that three or more acts of sexual assault were committed against the same child victim and within the requisite age range, but not all jurors may agree as to which three acts constitute the basis for the conviction. This legislative authority is needed to address the difficulty in prosecuting those persons who repeatedly sexually assault a child, given the difficulty that children have in remembering the individual dates on which they were sexually assaulted.
The legislature further finds that the amendment proposed by this Act would allow the legislature to expand the offense to include continuous sexual assault of a minor under the age of sixteen years, from the existing statutory age of fourteen years. This change would be consistent with the age at which minors may legally consent to sexual conduct, with the provision that it is not an offense if the minor is at least fourteen years old but less than sixteen years old, and the other person is less than five years older than the minor or legally married to the minor.
Accordingly, the purpose of this Act is to propose an amendment to article I, section 25, of the Constitution of the State of Hawaii to expand the legislature's present power to define the elements and jury unanimity requirements of the crime of continuous sexual assault of a minor, to include minors who are younger than sixteen years of age, rather than only those who are younger than fourteen years of age.
SECTION 2. Article I, section 25, of the Constitution of the State of Hawaii is amended to read as follows:
"SEXUAL ASSAULT CRIMES AGAINST MINORS
Section [[]25[]].
In continuous sexual assault crimes against minors younger than [fourteen]
sixteen years of age, the legislature may define:
1. What behavior constitutes a continuing course of conduct; and
2. What constitutes the jury unanimity that is required for a conviction."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the Constitution of the State of Hawaii be amended to include within the legislature's present power to define the elements and jury unanimity requirements of the crime of continuous sexual assault of a minor, those minors who are younger than sixteen years of age rather than only those who are younger than fourteen years of age?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
Report Title:
Honolulu Prosecuting Attorney's Office Package; Sexual Assault Crimes; Criminal Offenses; Constitutional Amendment
Description:
Proposes an amendment to Article I, section 25, of the Hawaii Constitution to expand the legislature's present power to define the elements and jury unanimity requirements of the crime of continuous sexual assault of a minor, to include minors who are younger than 16 years of age, rather than only those who are younger than 14 years of age. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
