REPORT TITLE:
Prostitution


DESCRIPTION:
Expands prohibition of prostitution in Waikiki to other areas
designated by the council of the appropriate county.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1568
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



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

 1      SECTION 1.  Section 712-1207, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§712-1207[]]  Street solicitation of prostitution.(1)
 
 4 It shall be unlawful for any person within the boundaries of
 
 5 Waikiki or such areas as are designated by the council of the
 
 6 appropriate county by ordinance upon recommendation of the chief
 
 7 of police of that county, where the council makes a finding that
 
 8 the area to be designated is experiencing a significant incidence
 
 9 of prostitution-related activity that is detrimental to the
 
10 health, safety, or welfare of the residents, workers, and/or
 
11 visitors to the area, and while on a public street or sidewalk to
 
12 offer or agree to engage in sexual conduct with another person in
 
13 return for a fee.  The council of the appropriate county may
 
14 also, by ordinance, alter the boundaries of any existing area,
 
15 including the Waikiki area, upon recommendation of the chief of
 
16 police.
 
17      (2)  Notwithstanding any law to the contrary, any person
 
18 violating this section shall be guilty of a petty misdemeanor and
 
19 shall be sentenced to a mandatory minimum term of thirty days
 

 
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 1 imprisonment.  The term of imprisonment shall be imposed
 
 2 immediately, regardless of whether the defendant appeals the
 
 3 conviction, except as provided in subsection (3).
 
 4      (3)  As an option to the mandatory minimum term of thirty
 
 5 days imprisonment, if the court finds the option is warranted
 
 6 based upon the defendant's record, the court may place the
 
 7 defendant on probation for a period not to exceed one year,
 
 8 subject to the mandatory condition that the defendant observe
 
 9 geographic restrictions that prohibit the defendant from entering
 
10 or walking along the public streets or sidewalks of Waikiki or
 
11 other area designated by the council of the appropriate county
 
12 pursuant to subsection (1), during the hours from 6 p.m. to 6
 
13 a.m.  Upon any violation of the geographic restrictions by the
 
14 defendant, the court, after hearing, shall revoke the defendant's
 
15 probation and immediately impose the mandatory minimum thirty-day
 
16 term of imprisonment.
 
17      (4)  Any person charged under this section may be admitted
 
18 to bail, pursuant to section 804-4, subject to the mandatory
 
19 condition that the person observe geographic restrictions that
 
20 prohibit the defendant from entering or walking along the public
 
21 streets or sidewalks of Waikiki or other area designated by the
 
22 council of the appropriate county pursuant to subsection (1),
 
23 during the hours from 6 p.m. to 6 a.m.  Notwithstanding any other
 

 
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 1 provision of law to the contrary, any person who violates these
 
 2 bail restrictions shall have the person's bail revoked after
 
 3 hearing and shall be imprisoned forthwith.
 
 4      (5)  For purposes of this section:
 
 5      "Sexual conduct" has the same meaning as in section
 
 6 712-1200(2).
 
 7      "Waikiki" means that area of Oahu bounded by the Ala Wai
 
 8 canal, the ocean, and Kapahulu avenue.
 
 9      (6)  This section shall apply to all counties; provided that
 
10 if a county enacts an ordinance to regulate street solicitation
 
11 for prostitution, the county ordinance shall supersede this
 
12 section and no person shall be convicted under this section in
 
13 that county."
 
14      SECTION 2.  Section 804-4, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  If the charge is for an offense for which bail is
 
17 allowable under section 804-3, the defendant may be admitted to
 
18 bail before conviction as a matter of right; provided that bail
 
19 shall be allowed for any person charged under section 712-1207
 
20 only subject to the mandatory condition that the person observe
 
21 geographic restrictions that prohibit the defendant from entering
 
22 or walking along the public streets or sidewalks of Waikiki or
 
23 other area designated by the council of the appropriate county
 

 
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 1 pursuant to section 712-1207(1), during the hours from 6 p.m. to
 
 2 6 a.m.  The right to bail shall continue after conviction of a
 
 3 misdemeanor, petty misdemeanor, or violation, and release on bail
 
 4 may continue, in the discretion of the court, after conviction of
 
 5 a felony until the final determination of any motion for a new
 
 6 trial, appeal, habeas corpus, or other proceedings that are made,
 
 7 taken, issued, or allowed for the purpose of securing a review of
 
 8 the rulings, verdict, judgment, sentence, or other proceedings of
 
 9 any court or jury in or by which the defendant has been
 
10 arraigned, tried, convicted, or sentenced; provided that:
 
11      (1)  No bail shall be allowed after conviction and prior to
 
12           sentencing in cases where bail was not available under
 
13           section 804-3, or where bail was denied or revoked
 
14           before conviction;
 
15      (2)  No bail shall be allowed pending appeal of a felony
 
16           conviction where a sentence of imprisonment has been
 
17           imposed; and
 
18      (3)  No bail shall be allowed pending appeal of a conviction
 
19           for a violation of section 712-1207, unless the court
 
20           finds, based on the defendant's record, that the
 
21           defendant may be admitted to bail subject to the
 
22           mandatory condition that the person observe geographic
 
23           restrictions that prohibit the defendant from entering
 

 
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 1           or walking along the public streets or sidewalks of
 
 2           Waikiki or other area designated by the council of the
 
 3           appropriate county pursuant to section 712-1207(1),
 
 4           during the hours from 6 p.m. to 6 a.m.
 
 5 Notwithstanding any other provision of law to the contrary, any
 
 6 person who violates these bail restrictions shall have the
 
 7 person's bail revoked after hearing and shall be imprisoned
 
 8 forthwith."
 
 9      SECTION 3.  This Act does not affect rights and duties that
 
10 matured, penalties that were incurred, and proceedings that were
 
11 begun, before its effective date.
 
12      SECTION 4.  If any provision of this Act, or the application
 
13 thereof to any person or circumstance is held invalid, the
 
14 invalidity does not affect other provisions or applications of
 
15 the Act which can be given effect without the invalid provision
 
16 or application, and to this end the provisions of this Act are
 
17 severable.
 
18      SECTION 5.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 6.  This Act shall take effect upon its approval.
 
21 
 
22                              INTRODUCED BY:______________________