REPORT TITLE:
Privacy


DESCRIPTION:
Makes it a class C felony to take sexual photographs or
videotapes of a person without consent and when the person
expects privacy; makes it a misdemeanor to possess such
materials; removes administrative cap imposed on the crime victim
compensation commission. (HB955 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        955
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1

                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.


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

 1                              PART I.
 
 2      SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to be appropriately designated and to
 
 4 read as follows:
 
 5      "711-     Violation of privacy in the first degree.  (1)  A
 
 6 person commits the offense of violation of privacy in the first
 
 7 degree if, except in the execution of a public duty or as
 
 8 authorized by law, the person intentionally or knowingly installs
 
 9 in any private place, without consent of the person or persons
 
10 entitled to privacy therein, any device for observing,
 
11 photographing, videotaping, filming, recording, amplifying, or
 
12 broadcasting another person in a stage of undress or sexual
 
13 activity in that place, or uses any such unauthorized
 
14 installation.
 
15      (2)  Violation of privacy in the first degree is a class C
 
16 felony."
 
17      SECTION 2.  Section 711-1111, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "711-1111  Violation of privacy[.] in the second degree.
 
20 (1)  A person commits the offense of violation of privacy in the
 

 
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 1 second degree if, except in the execution of a public duty or as
 
 2 authorized by law, the person intentionally:
 
 3      (a)  Trespasses on property for the purpose of subjecting
 
 4           anyone to eavesdropping or other surveillance in a
 
 5           private place; or 
 
 6      (b)  Installs in any private place, without consent of the
 
 7           person or persons entitled to privacy therein, any
 
 8           device for observing, photographing, videotaping,
 
 9           filming, recording, amplifying, or broadcasting sounds
 
10           or events in that place[,] other than another person in
 
11           a stage of undress or sexual activity, or uses any such
 
12           unauthorized installation; or 
 
13      (c)  Installs or uses outside a private place any device for
 
14           hearing, recording, amplifying, or broadcasting sounds
 
15           originating in that place which would not ordinarily be
 
16           audible or comprehensible outside, without the consent
 
17           of the person or persons entitled to privacy therein;
 
18           or 
 
19      (d)  Intercepts, without the consent of the sender or
 
20           receiver, a message by telephone, telegraph, letter,
 
21           electronic transmission, or other means of
 
22           communicating privately; but this subsection does not
 
23           apply to: 
 

 
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 1           (i)  Overhearing of messages through a regularly
 
 2                installed instrument on a telephone party line or
 
 3                an extension; or 
 
 4           (ii) Interception by the telephone company, electronic
 
 5                mail account provider, or telephone or electronic
 
 6                mail subscriber incident to enforcement of
 
 7                regulations limiting use of the facilities or
 
 8                incident to other operation and use; or 
 
 9      (e)  Divulges without the consent of the sender or the
 
10           receiver the existence or contents of any message by
 
11           telephone, telegraph, letter, electronic transmission,
 
12           or other means of communicating privately, if the
 
13           accused knows that the message was unlawfully
 
14           intercepted, or if the accused learned of the message
 
15           in the course of employment with an agency engaged in
 
16           transmitting it[.]; or 
 
17      (f)  Knowingly possesses materials created under
 
18           circumstances prohibited in section 711-   .
 
19      (2)  Violation of privacy in the second degree is a
 
20 misdemeanor."
 
21                             PART II.
 
22      SECTION 3.  The primary purpose of this Part is to maintain
 
23 support for the crime victim compensation commission until it is
 

 
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 1 self-sufficient and independent of state appropriations.  In
 
 2 working towards self-sufficiency, the commission must be given
 
 3 three to five years to build its revenues.  California's crime
 
 4 victim board is an example of a program that came from being
 
 5 millions of dollars in debt to being able to provide rebates in
 
 6 the form of monetary incentives to the judiciary and corrections.
 
 7 Across the nation, twenty-nine states are able to maintain self-
 
 8 sufficiency through a system of compensation fees, civil
 
 9 recoveries, and restitution and are not dependent on general fund
 
10 appropriations.  Of the remaining twenty-one states, twelve fund
 
11 their programs through general fund appropriations, a federal
 
12 grant, and offender assessments and nine are funded by general
 
13 fund appropriations and a federal grant.  During the first six
 
14 months of implementation, the commission received $105,000 in
 
15 revenues.  This is far short of the resources needed to operate
 
16 an effective program.
 
17      SECTION 4.  Section 351-62.5, Hawaii Revised Statutes, is
 
18 amended by amending subsection (d) to read as follows:
 
19      "(d)  Funds received pursuant to section 354D-12(b)(1) and
 
20 amounts received pursuant to sections 351-35, 351-62.6, 351-63,
 
21 and 706-605 shall be deposited into the crime victim compensation
 
22 special fund.  Moneys received shall be used for compensation
 
23 payments, [and] operating expenses, [of which not more than
 

 
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 1 thirty per cent shall be used for operating expenses and to fund]
 
 2 salaries of positions as authorized by the legislature[.], and
 
 3 collection of fees. The commission may enter into memorandums of
 
 4 agreement with the judiciary for the collection of fees by the
 
 5 judiciary; provided that no funds shall be deposited by the
 
 6 judiciary into the crime victim compensation special fund until
 
 7 collected."
 
 8      SECTION 5.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 6.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 7.  This Act shall take effect upon its approval;
 
14 provided that Section 4 shall take effect on July 1, 1999, and
 
15 shall be repealed on July 1, 2001.