Report Title:

Sexual Offenders; Sexual Assault 4th

 

Description:

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

 

THE SENATE

S.B. NO.

886

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sexual offenders.

 

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

SECTION 1. The legislature finds that although many sex offenders suffering from mental disorders initially commit misdemeanor offenses, such as indecent exposure, lewd public conduct, and "peeping tom" offenses, they become emboldened and tend to escalate their deviant sexual behavior once they find they are able to repeat these lesser acts without negative repercussions or consequences. The legislature further finds that studies have shown that only one in one hundred first time offenders who receive sex offender treatment will re-offend.

Accordingly, the legislature finds that providing treatment at an earlier stage will help to break the escalating cycle for many of these misdemeanor sex offenders before they commit more serious sexual offenses. The purpose of this Act is to make a third offense of sexual assault in the fourth degree a class C felony and, in the sentencing for such offense, to require mandatory sex offender assessment and, if recommended based on the assessment, treatment, and imposition of a mandatory minimum prison sentence.

SECTION 2. Section 707-733, Hawaii Revised Statutes, is amended to read as follows:

"§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if:

(a) The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;

(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or

(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.

(2) [Sexual] Except as provided in subsection (3), sexual assault in the fourth degree is a misdemeanor.

(3) A person who commits an offense under this section and has entered a guilty or nolo contendere plea for two or more prior offenses under this section, shall be guilty of a class C felony. For purposes of this section, a plea previously entered by the person under section 853-1 for an offense under this section shall be considered a guilty plea or nolo contendere plea for a prior offense.

(4) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603.

(5) Whenever a court sentences a defendant for an offense under subsection (3), notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, the court shall:

(a) Order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, sex offender treatment pursuant to chapter 353E; and

(b) Impose a mandatory minimum term of imprisonment of one year.

The Hawaii paroling authority shall not release the defendant until the defendant has completed a sex offender assessment and, if recommended based on the assessment, sex offender treatment program pursuant to paragraph (a)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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