Report Title:

Sexual Assault; Age of Consent

Description:

Extends the sunset date for the law relating to the age of consent for consensual sex from 06/30/03 to 06/30/04. Extends the reporting date for the attorney general's task force from 2003 to 2004.

HOUSE OF REPRESENTATIVES

H.B. NO.

1658

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sexual assault.

 

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

SECTION 1. Act 1, Second Special Session Laws of Hawaii 2001, as amended by Act 36, Session Laws of Hawaii 2002, is amended by amending section 7 to read as follows:

"SECTION 7. This Act shall take effect upon its approval and shall be repealed on June 30, [2003;] 2004; provided that:

(1) Section 707-730(1), Hawaii Revised Statutes, is reenacted in the form in which it read on the day before the approval of this Act; and

(2) Section 707-732(1), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act, as further amended by section 2 of Act 36, Session Laws of Hawaii 2002."

SECTION 2. Act 1, Second Special Session Laws of Hawaii 2001, is amended by amending section 5 to read as follows:

"SECTION 5. The attorney general shall convene a task force to engage in a comprehensive review of the effectiveness and impact of this Act, based partly on data provided by the department of the prosecuting attorney of the city and county of Honolulu. The attorney general shall request the Coalition for the Prevention of Sex Assault to assist in the development and work of the task force. In addition to its review of this Act, the task force shall also review differing viewpoints concerning the age of consent for consensual sex conduct, particularly as it relates to minors in sexual relationships with adult partners.

Findings should provide the legislature with factual information, the national experience, and "best practices" for the purpose of assisting the legislature in developing social policy on the issue of "age of consent", which shall specifically include but is not limited to:

(1) A compilation of relevant state statutes;

(2) A compilation of sentencing practices in other jurisdictions;

(3) An evaluation of statutes and sentencing practices and their impacts on adolescents; and

(4) Hawaii data on incidents of adolescent sexual activity.

The composition of the task force shall be as follows, but not limited to:

(1) Each county chief of police, or designate;

(2) Each county prosecutor, or designate;

(3) A representative from the judiciary;

(4) A department of public safety representative;

(5) A department of health representative;

(6) A Sex Abuse Treatment Center representative;

(7) A Sex Assault Coalition representative;

(8) A Catholic Charities-Child Sex Abuse Treatment Program representative;

(9) A Children's Advocacy Center representative;

(10) An office of youth services representative;

(11) An immigrant service provider representative;

(12) The chair of the house committee on judiciary and Hawaiian affairs, or designate;

(13) The chair of the senate committee on judiciary, or designate;

(14) A Hawaii Family Forum representative;

(15) A Sisters Offering Support representative;

(16) A League of Women Voters representative;

(17) A Hawaii state commission on the status of women representative; and

(18) A military community representative.

The task force shall report its findings and recommendations to the legislature no later than twenty days before the convening of the regular session of [2003.] 2004."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 29, 2003.

INTRODUCED BY:

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