REPORT TITLE:
Prostitution


DESCRIPTION:
Authorizes a county, upon recommendation of the chief of police
of that county, to designate through ordinance any area as
experiencing a significant incidence of prostitution-related
activity that is detrimental to the health, safety, or welfare of
the general public, or to alter the boundaries of any existing
area, including the Waikiki area.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1687       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROSTITUTION.



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

 1      SECTION 1.  Section 712-1207, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]712-1207[]]  Street solicitation of prostitution.(1)
 
 4 It shall be unlawful for any person within the boundaries of
 
 5 Waikiki or such other areas as are designated by county ordinance
 
 6 pursuant to subsection (2) and while on a public street or
 
 7 sidewalk to offer or agree to engage in sexual conduct with
 
 8 another person in return for a fee.
 
 9      (2)  Upon a recommendation of the chief of police of that
 
10 county, a county council may enact an ordinance that:
 
11      (a)  Designates an area as a zone of significant
 
12           prostitution-related activity that is detrimental to
 
13           the health, safety, or welfare of the general public;
 
14           and
 
15      (b)  Alters the boundaries of any existing area, including
 
16           the Waikiki area.
 
17      [(2)] (3)  Notwithstanding any law to the contrary, any
 
18 person violating this section shall be guilty of a petty
 
19 misdemeanor and shall be sentenced to a mandatory minimum term of
 

 
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 1 thirty days imprisonment.  The term of imprisonment shall be
 
 2 imposed immediately, regardless of whether the defendant appeals
 
 3 the conviction, except as provided in subsection [(3).] (4).
 
 4      [(3)] (4)  As an option to the mandatory minimum term of
 
 5 thirty days imprisonment, if the court finds the option is
 
 6 warranted based upon the defendant's record, the court may place
 
 7 the defendant on probation for a period not to exceed one year,
 
 8 subject to the mandatory condition that the defendant observe
 
 9 geographic restrictions that prohibit the defendant from entering
 
10 or walking along the public streets or sidewalks of Waikiki or
 
11 other area designated by the council of the appropriate county
 
12 pursuant to this section during the hours from 6 p.m. to 6 a.m.
 
13 Upon any violation of the geographic restrictions by the
 
14 defendant, the court, after hearing, shall revoke the defendant's
 
15 probation and immediately impose the mandatory minimum thirty-day
 
16 term of imprisonment.
 
17      [(4)] (5)  Any person charged under this section may be
 
18 admitted to bail, pursuant to section 804-4, subject to the
 
19 mandatory condition that the person observe geographic
 
20 restrictions that prohibit the defendant from entering or walking
 
21 along the public streets or sidewalks of Waikiki or other area
 
22 designated by the council of the appropriate county pursuant to
 
23 this section during the hours from 6 p.m. to 6 a.m.
 

 
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 1 Notwithstanding any other provision of law to the contrary, any
 
 2 person who violates these bail restrictions shall have the
 
 3 person's bail revoked after hearing and shall be imprisoned
 
 4 forthwith.
 
 5      [(5)] (6)  For purposes of this section:
 
 6      ""Area" means any zone within a county that is defined with
 
 7 specific boundaries and designated as such be a county council.
 
 8      "Sexual conduct" has the same meaning as in section
 
 9 712-1200(2).
 
10      "Waikiki" means that area of Oahu bounded by the Ala Wai
 
11 canal, the ocean, and Kapahulu avenue.
 
12      [(6)] (7)  This section shall apply to all counties;
 
13 provided that if a county enacts an ordinance to regulate street
 
14 solicitation for prostitution, the county ordinance shall
 
15 supersede this section and no person shall be convicted under
 
16 this section in that county."
 
17      SECTION 2.  Section 804-4, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  If the charge is for an offense for which bail is
 
20 allowable under section 804-3, the defendant may be admitted to
 
21 bail before conviction as a matter of right; provided that bail
 
22 shall be allowed for any person charged under section 712-1207
 
23 only subject to the mandatory condition that the person observe
 

 
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 1 geographic restrictions that prohibit the defendant from entering
 
 2 or walking along the public streets or sidewalks of Waikiki or
 
 3 other area designated by the council of the appropriate county
 
 4 pursuant to section 712-1207(1) during the hours from 6 p.m. to 6
 
 5 a.m.  The right to bail shall continue after conviction of a
 
 6 misdemeanor, petty misdemeanor, or violation, and release on bail
 
 7 may continue, in the discretion of the court, after conviction of
 
 8 a felony until the final determination of any motion for a new
 
 9 trial, appeal, habeas corpus, or other proceedings that are made,
 
10 taken, issued, or allowed for the purpose of securing a review of
 
11 the rulings, verdict, judgment, sentence, or other proceedings of
 
12 any court or jury in or by which the defendant has been
 
13 arraigned, tried, convicted, or sentenced; provided that:
 
14      (1)  No bail shall be allowed after conviction and prior to
 
15           sentencing in cases where bail was not available under
 
16           section 804-3, or where bail was denied or revoked
 
17           before conviction;
 
18      (2)  No bail shall be allowed pending appeal of a felony
 
19           conviction where a sentence of imprisonment has been
 
20           imposed; and
 
21      (3)  No bail shall be allowed pending appeal of a conviction
 
22           for a violation of section 712-1207, unless the court
 
23           finds, based on the defendant's record, that the
 

 
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 1           defendant may be admitted to bail subject to the
 
 2           mandatory condition that the person observe geographic
 
 3           restrictions that prohibit the defendant from entering
 
 4           or walking along the public streets or sidewalks of
 
 5           Waikiki or other area designated by the council of the
 
 6           appropriate county pursuant to section 712-1207(1)
 
 7           during the hours from 6 p.m. to 6 a.m.
 
 8 Notwithstanding any other provision of law to the contrary, any
 
 9 person who violates these bail restrictions shall have the
 
10 person's bail revoked after hearing and shall be imprisoned
 
11 forthwith."
 
12      SECTION 3.  This Act does not affect the rights and duties
 
13 that matured, penalties that were incurred, and proceedings that
 
14 were begun, before its effective date.
 
15      SECTION 4.  If any provision of this Act or the application
 
16 of any provision to any person or circumstance is held invalid,
 
17 the remainder of this Act and the application of such provision
 
18 to any person or circumstance shall not be affected by that
 
19 invalidation.
 
20      SECTION 5.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 6.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:  _______________________