Sex Assault 4th; Treatment

Makes a third offense of sexual assault in the 4th degree a class
C felony and requires mandatory sex offender treatment and
imposition of a mandatory minimum prison sentence.

THE SENATE                              S.B. NO.           585
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that one out of four sex
 2 offenders are paraphiliacts.  Paraphilias, as defined by the
 3 Diagnostic and Statistical Manual of Mental Disorders (4th ed.),
 4 are sexual impulse disorders characterized by intensely arousing,
 5 recurrent sexual fantasies, urges, and behaviors (of at least six
 6 months' duration) that are considered deviant with respect to
 7 cultural norms and that produce clinically significant distress
 8 or impairment in social, occupational, or other important areas
 9 of psychosocial functioning.  The common paraphilias described
10 include exhibitionism, pedophilia, voyeurism, fetishism,
11 transvestic fetishism, sexual sadism, sexual masochism, and
12 frotteurism.  Research indicates that although paraphiliacts
13 initially commit misdemeanor offenses, such as indecent exposure,
14 lewd public conduct, and "peeping tom" offenses, they become
15 emboldened and tend to escalate their deviant sexual behavior
16 once they find they are able to repeat these lesser acts without
17 negative repercussions or consequences.  The legislature further
18 finds that studies have shown that only one in one hundred first
19 time offenders who receive sex offender treatment will re-offend.

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 1      Accordingly, the legislature finds that providing treatment
 2 at an earlier stage will help to break the escalation cycle for
 3 many of these paraphiliacts before they commit more serious
 4 sexual offenses.  The purpose of this Act is to make a third
 5 offense of sexual assault in the fourth degree a class C felony
 6 and, in the sentencing of such offense, to require mandatory sex
 7 offender treatment and imposition of a mandatory minimum prison
 8 sentence.
 9      SECTION 2.  Section 707-733, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "707-733  Sexual assault in the fourth degree.(1)  A
12 person commits the offense of sexual assault in the fourth degree
13 if:
14      (a)  The person knowingly subjects another person to sexual
15           contact by compulsion or causes another person to have
16           sexual contact with the actor by compulsion;
17      (b)  The person knowingly exposes the person's genitals to
18           another person under circumstances in which the actor's
19           conduct is likely to alarm the other person or put the
20           other person in fear of bodily injury; or
21      (c)  The person knowingly trespasses on property for the
22           purpose of subjecting another person to surreptitious
23           surveillance for the sexual gratification of the actor.

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                                     S.B. NO.           585

 1      (2)  [Sexual] Except as provided in subsection (3), sexual
 2 assault in the fourth degree is a misdemeanor.
 3      (3)  A person who commits an offense under this section and
 4 who has two or more prior offenses under this section shall be
 5 guilty of a class C felony.  For purposes of this section, a plea
 6 previously entered by the person under section 853-1 for an
 7 offense under this section shall be considered a prior offense.
 8      [(3)] (4)  Whenever a court sentences a defendant for an
 9 offense under this section, the court may order the defendant to
10 submit to a pre-sentence mental and medical examination pursuant
11 to section 706-603.
12      (5)  Whenever a court sentences a defendant for an offense
13 under subsection (3), notwithstanding any other provision of law
14 to the contrary and in addition to any other sentence imposed,
15 the court shall:
16      (a)  Impose a mandatory minimum term of imprisonment of two
17           years; provided that the Hawaii paroling authority
18           shall not release the defendant until the defendant has
19           completed a sex offender program pursuant to paragraph
20           (b); and
21      (b)  Order the defendant to participate in a sex offender
22           treatment program pursuant to chapter 353E."
23      SECTION 3.  This Act does not affect rights and duties that

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                                     S.B. NO.           585

 1 matured, penalties that were incurred, and proceedings that were
 2 begun, before its effective date.
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 5.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:_________________________