THE SENATE

S.B. NO.

928

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SENTENCING.

 

 

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

 


SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"706-____ Mandatory minimum sentence of imprisonment for a class A felony first degree sexual assault against children. (1) Notwithstanding any provision of chapter 706 to the contrary, a person convicted of sexual assault in the first degree under section 707-730(1)(b) shall be sentenced to a mandatory minimum term of imprisonment, without the possibility of parole, for a period of twenty years.

(2) This section shall not apply to:

(a) Convicted defendants who are minors;

(b) Convicted defendants who are severely developmentally disabled; or

(c) Convicted defendants who have shown by clear and convincing evidence that prior to the commission of the offense: (i) the minor victim purported to be at least sixteen years; and (ii) displayed photographic government issued identification corroborating the minor victim's age was at least sixteen years.

(3) A person sentenced to a minimum sentence pursuant to this section may not be released, paroled or allowed any term of suspended sentence during the minimum term of the person's sentence."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Felony sexual assault of a minor less than fourteen years; mandatory minimum sentencing

 

Description:

Establishes a mandatory minimum sentence of twenty years for class A felony of first degree sexual assault of a minor who is less than fourteen years of age.

 

 

 

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