Bill Text: HI SB2612 | 2024 | Regular Session | Introduced
Bill Title: Relating To Child Endangerment.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced) 2024-01-24 - Referred to JDC. [SB2612 Detail]
Download: Hawaii-2024-SB2612-Introduced.html
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THE SENATE |
S.B. NO. |
2612 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child endangerment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§709- Habitual runaway. (1) A person commits the offense of habitual runaway if the person is a habitual runaway perpetrator and is provided informal adjustment pursuant to section 571-31.5 for a status offense under section 571‑11(2)(B).
(2) For the purposes of this
section, "habitual runaway perpetrator" means a person who is less
than eighteen years of age and more than twelve years of age and, within one year of the instant offense, has
been provided informal adjustments two or more
times pursuant to section 571-31.5 for a status offense under section
571-11(2)(B). The prosecution
shall not be required to prove any state of mind with respect to the person's
status as a habitual runaway perpetrator.
Proof that the person has the requisite minimum prior informal adjustments shall be
sufficient to establish this element.
(3) Habitual runaway is:
(a) A petty misdemeanor if the defendant, within one year of the instant offense, has two informal adjustments pursuant to section 571-31.5 for a status offense under section 571-11(2)(B); or
(b) A misdemeanor if the defendant,
within one year of the instant offense, has more than two informal adjustments pursuant to section 571-31.5 for a
status offense under section
571-11(2)(B).
(4) A person convicted of committing the offense of habitual runaway under subsection (3)(a) shall be sentenced to thirty days probation and shall be subject to a physical or mental examination by a physician, surgeon, psychiatrist, or psychologist within thirty days of the conviction.
(5) A person convicted of committing the offense
of habitual runaway under subsection (3)(b) shall be:
(a) Sentenced
to one year probation;
(b) Sentenced
to not less than ten days imprisonment but not more than thirty days
imprisonment;
(c) Subject
to a physical or mental examination by a physician, surgeon, psychiatrist, or
psychologist within thirty days of the conviction; and
(d) Subject
to mandatory drug testing every two weeks for the duration of the defendant's
probation.
(6) Upon any violation of any term or condition of the defendant's probation, the court, after hearing, shall sentence the defendant to not less than ten days imprisonment."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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