HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MOTIONS TO VACATE CONVICTIONS FOR PROSTITUTION-RELATED OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712-1209.6, Hawaii Revised Statutes, is amended by amending subsections (1) through (4) to read as follows:
"(1) A person convicted of committing the offense
of prostitution under section 712-1200, loitering for the purpose of engaging in
or advancing prostitution under section 712-1206, street solicitation of
prostitution in designated areas under section 712-1207, or convicted of a
lesser offense when originally charged with a violation of section 712-1200,
712-1206, or 712-1207, may file a motion to vacate the conviction if the [
participation in the offense was the result of the person having been a victim
of: (a) Sex trafficking under section 712-1202 or
promoting prostitution under section 712-1203; or (b) A severe form of trafficking in persons as
defined in title 22 United States Code section 7102(9)(A).]
defendant is not subsequently convicted of any offense under the penal code within twelve months after the date of conviction for the offense the defendant is attempting to vacate.
(2) A motion filed under this section shall:
(a) Be in writing; and
(b) Be signed and sworn to by the petitioner[
; (c) Be made within six years after the date
that the person ceases to be a victim as described in subsection (1), subject
to reasonable concerns for the safety of the defendant, family members of the
defendant, or other victims of the trafficking that may be jeopardized by the
bringing of a motion, or for other reasons consistent with the purpose of this
section; (d) Describe all the grounds and evidence for
vacation of a conviction which are available to the petitioner and of which the
petitioner has or by the exercise of reasonable diligence should have
knowledge, and provide copies of any official documents showing that the
defendant is entitled to relief under this section; and (e) Be subject to the review and written
approval of the state agency or county prosecutor responsible for prosecuting
the offense that is the subject of the motion to vacate conviction].
The court shall hold a hearing on a motion filed under this section if
the motion satisfies the requirements of subsection (2)[
; provided that the
court may dismiss a motion without a hearing if the court finds that the motion
fails to assert grounds on which relief may be granted].
court [ grants a motion filed under this section, the court] shall review
the defendant's record over the twelve months after the date of the conviction
for the offense described in subsection (1).
If the court finds that the defendant has not been convicted of any
offense under the penal code within the foregoing period, the court shall grant
the motion and vacate the conviction."
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 July 1, 2019.
Prostitution; Motions to Vacate Convictions
Allows a defendant convicted of one of certain prostitution offenses to file a motion to vacate the conviction if the defendant is not subsequently convicted of any offense under the penal code within twelve months after the date of the original conviction. Repeals provisions allowing a motion to vacate when the convicted person was a victim of trafficking, and related procedural requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.