Report Title:

Prostitution

 

Description:

Makes a third and subsequent conviction for prostitution a class C felony when the offense is committed by a person who pays, or offers or agrees to pay, a fee for sex with another person. (HB3002 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3002

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO PROSTITUTION.

 

 

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

 


     SECTION 1.  Section 712-1200, Hawaii Revised Statutes, is amended by amending subsections (3) and (4) to read as follows:

     "(3)  Prostitution is a petty misdemeanor[.], except as provided in subsection (4)(c).

     (4)  A person convicted of committing the offense of prostitution shall be sentenced as follows:

     (a)  For [the] a first offense, when the court has not deferred further proceedings pursuant to chapter 853, a mandatory fine of $500 and the person may be sentenced to a term of imprisonment of not more than thirty days or probation; provided that in the event the convicted person defaults in payment of the $500 fine, and the default was not contumacious, the court may sentence the person to perform services for the community as authorized by section 706-605(1)[.];

     (b)  For [any] a subsequent offense, a mandatory fine of $500 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence[.]; and

     (c)  A third and any subsequent offense by a person who pays, or offers or agrees to pay, a fee for sex with another person is a class C felony without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence.

[(c)]  For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until four years following discharge.  A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.  When the court has ordered a sentence of probation, the court may impose as a condition of probation that the defendant complete a course of prostitution intervention classes; provided that the court may only impose such condition for one term of probation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

     SECTION 4.  This Act shall take effect on January 1, 2112.