REPORT TITLE:
Prostitution


DESCRIPTION:
Expands prohibition of prostitution in Waikiki to other areas
designated by the council of the appropriate county. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1568
THE SENATE                              S.B. NO.           S.D. 1
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 other areas in this State designated by county
 
 6 ordinance pursuant to subsection (2) and while on [a public
 
 7 street or sidewalk] any public property to offer or agree to
 
 8 engage in sexual conduct with another person in return for a fee.  
 
 9      (2)  Upon a recommendation of the chief of police of a
 
10 county, that county may enact an ordinance that:
 
11      (a)  Designates one or more areas, in addition to the
 
12           Waikiki area, as zones of significant prostitution-
 
13           related activity that is detrimental to the health,
 
14           safety, or welfare of the general public; or
 
15      (b)  Alters the boundaries of any existing area, including
 
16           the Waikiki area.
 
17      [(2)] (3)  Notwithstanding any law to the contrary, any
 
18 person violating this section shall be guilty of a petty
 
19 misdemeanor and shall be sentenced to a mandatory [minimum] term
 

 
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 1 of thirty days imprisonment.  The term of imprisonment shall be
 
 2 imposed immediately, regardless of whether the defendant appeals
 
 3 the conviction, except as provided in subsection [(3).] (4).
 
 4      [(3)] (4)  As an option to the mandatory [minimum] term of
 
 5 thirty days imprisonment, if the court finds the option is
 
 6 warranted based upon the defendant's record, the court may place
 
 7 the defendant on probation for a period not to exceed [one year,]
 
 8 six months, subject to the mandatory condition that the defendant
 
 9 observe geographic restrictions that prohibit the defendant from
 
10 entering or [walking along the public streets or sidewalks of
 
11 Waikiki] remaining on public property, including walking,
 
12 driving, or otherwise being transported on or through such public
 
13 property, in Waikiki and other areas in the State designated by
 
14 county ordinance pursuant to this section during the hours from
 
15 6 p.m. to 6 a.m.  Upon any violation of the geographic
 
16 restrictions by the defendant, the court, after hearing, shall
 
17 revoke the defendant's probation and immediately impose the
 
18 mandatory [minimum] thirty-day term of imprisonment.  Nothing
 
19 contained in this subsection shall be construed as prohibiting
 
20 the imposition of stricter geographic restrictions under section
 
21 706-624(2)(h).
 
22      [(4)] (5)  Any person charged under this section may be
 
23 admitted to bail, pursuant to section 804-4, subject to the
 

 
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 1 mandatory condition that the person observe geographic
 
 2 restrictions that prohibit the defendant from entering or
 
 3 [walking along the public streets or sidewalks of Waikiki]
 
 4 remaining on public property, including walking, driving, or
 
 5 otherwise being transported on or through such public property,
 
 6 in Waikiki and other areas in the State designated by county
 
 7 ordinance pursuant to this section during the hours from 6 p.m.
 
 8 to 6 a.m.  Notwithstanding any other provision of law to the
 
 9 contrary, any person who violates these bail restrictions shall
 
10 have the person's bail revoked after hearing and shall be
 
11 imprisoned forthwith.  Nothing contained in this subsection shall
 
12 be construed as prohibiting the imposition of stricter geographic
 
13 restrictions under section 804-7.1.
 
14      (6)  Notwithstanding any other law to the contrary, a police
 
15 officer, without warrant, may arrest any person when the officer
 
16 has probable cause to believe that the person has committed a
 
17 violation of subsection (4) or (5), and the person shall be
 
18 detained, without bail, until the hearing under the appropriate
 
19 subsection can be held, which hearing shall be held as soon as
 
20 reasonably practicable.
 
21      [(5)] (7)  For purposes of this section:
 
22      "Area" means any zone within a county that is defined with
 
23 specific boundaries and designated as a zone of significant
 

 
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 1 prostitution by this section or a county ordinance.
 
 2      "Public property" includes any street, highway, road,
 
 3 sidewalk, alley, lane, bridge, parking lot, park, or other
 
 4 property owned or under the jurisdiction of any governmental
 
 5 entity or otherwise open to the public.
 
 6      "Sexual conduct" has the same meaning as in section
 
 7 712-1200(2).
 
 8      "Waikiki" means that area of Oahu bounded by the Ala Wai
 
 9 canal, the ocean, and Kapahulu avenue.
 
10      [(6)] (8)  This section shall apply to all counties;
 
11 provided that if a county enacts an ordinance to regulate street
 
12 solicitation for prostitution, the county ordinance shall
 
13 supersede this section and no person shall be convicted under
 
14 this section in that county."
 
15      SECTION 2.  Section 804-4, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  If the charge is for an offense for which bail is
 
18 allowable under section 804-3, the defendant may be admitted to
 
19 bail before conviction as a matter of right; provided that bail
 
20 shall be allowed for any person charged under section 712-1207
 
21 only subject to the mandatory condition that the person observe
 
22 geographic restrictions that prohibit the defendant from entering
 
23 or [walking along the public streets or sidewalks of Waikiki]
 

 
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 1 remaining on public property, including walking, driving, or
 
 2 otherwise being transported on or through such public property,
 
 3 in Waikiki and other areas in the State designated by county
 
 4 ordinance pursuant to this section during the hours from 6 p.m.
 
 5 to 6 a.m. and provided further that nothing contained in the
 
 6 immediately preceding proviso shall be construed as prohibiting
 
 7 the imposition of stricter geographic restrictions under section
 
 8 804-7.1.  The right to bail shall continue after conviction of a
 
 9 misdemeanor, petty misdemeanor, or violation, and release on bail
 
10 may continue, in the discretion of the court, after conviction of
 
11 a felony until the final determination of any motion for a new
 
12 trial, appeal, habeas corpus, or other proceedings that are made,
 
13 taken, issued, or allowed for the purpose of securing a review of
 
14 the rulings, verdict, judgment, sentence, or other proceedings of
 
15 any court or jury in or by which the defendant has been
 
16 arraigned, tried, convicted, or sentenced; provided that:
 
17      (1)  No bail shall be allowed after conviction and prior to
 
18           sentencing in cases where bail was not available under
 
19           section 804-3, or where bail was denied or revoked
 
20           before conviction;
 
21      (2)  No bail shall be allowed pending appeal of a felony
 
22           conviction where a sentence of imprisonment has been
 
23           imposed; and
 

 
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 1      (3)  No bail shall be allowed pending appeal of a conviction
 
 2           for a violation of section 712-1207, unless the court
 
 3           finds, based on the defendant's record, that the
 
 4           defendant may be admitted to bail subject to the
 
 5           mandatory condition that the person observe geographic
 
 6           restrictions that prohibit the defendant from entering
 
 7           or walking along the public streets or sidewalks of
 
 8           Waikiki or other areas in the State designated by
 
 9           county ordinance pursuant to section 712-1207(1) during
 
10           the hours from 6 p.m. to 6 a.m.
 
11 Notwithstanding any other provision of law to the contrary, any
 
12 person who violates these bail restrictions shall have the
 
13 person's bail revoked after hearing and shall be imprisoned
 
14 forthwith."
 
15      SECTION 3.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 4.  If any provision of this Act, or the application
 
19 thereof to any person or circumstance is held invalid, the
 
20 invalidity does not affect other provisions or applications of
 
21 the Act which can be given effect without the invalid provision
 
22 or application, and to this end the provisions of this Act are
 
23 severable.
 

 
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 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.