REPORT TITLE:
Nolo Contendere


DESCRIPTION:
Disallows the entry of nolo contendere pleas in sexual assault
cases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2663
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC SAFETY.


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

 1      SECTION 1.  Section 707-730, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§707-730  Sexual assault in the first degree.(1)  A
 
 4 person commits the offense of sexual assault in the first degree
 
 5 if:
 
 6      (a)  The person knowingly subjects another person to an act
 
 7           of sexual penetration by strong compulsion;
 
 8      (b)  The person knowingly subjects to sexual penetration
 
 9           another person who is less than fourteen years old;
 
10           provided this paragraph shall not be construed to
 
11           prohibit practitioners licensed under chapter 453, 455,
 
12           or 460, from performing any act within their respective
 
13           practices.
 
14      (2)  No court shall accept a plea of nolo contendere for the
 
15 offense of sexual assault in the first degree.
 
16      (3)  Sexual assault in the first degree is a class A
 
17 felony."
 
18      SECTION 2.  Section 707-731, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "§707-731  Sexual assault in the second degree.(1)  A
 
 2 person commits the offense of sexual assault in the second degree
 
 3 if:
 
 4      (a)  The person knowingly subjects another person to an act
 
 5           of sexual penetration by compulsion;
 
 6      (b)  The person knowingly subjects to sexual penetration
 
 7           another person who is mentally defective, mentally
 
 8           incapacitated, or physically helpless;
 
 9      (c)  The person, while employed in a state correctional
 
10           facility or while employed as a law enforcement officer
 
11           as defined in section 710-1000(13), knowingly subjects
 
12           to sexual penetration an imprisoned person, a person
 
13           confined to a detention facility, or a person in
 
14           custody; provided that paragraph (b) and this paragraph
 
15           shall not be construed to prohibit practitioners
 
16           licensed under chapter 453, 455, or 460, from
 
17           performing any act within their respective practices;
 
18           and further provided that this paragraph shall not be
 
19           construed to prohibit a law enforcement officer from
 
20           performing a lawful search pursuant to a warrant or
 
21           exception to the warrant clause.
 
22      (2)  No court shall accept a plea of nolo contendere for the
 
23 offense of sexual assault in the second degree.
 

 
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                                     S.B. NO.           2663
                                                        
                                                        

 
 1      (3)  Sexual assault in the second degree is a class B
 
 2 felony."
 
 3      SECTION 3.  Section 707-732, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§707-732  Sexual assault in the third degree.(1)  A
 
 6 person commits the offense of sexual assault in the third degree
 
 7 if:
 
 8      (a)  The person recklessly subjects another person to an act
 
 9           of sexual penetration by compulsion;
 
10      (b)  The person knowingly subjects to sexual contact another
 
11           person who is less than fourteen years old or causes
 
12           such a person to have sexual contact with the person;
 
13      (c)  The person knowingly subjects to sexual contact another
 
14           person who is mentally defective, mentally
 
15           incapacitated, or physically helpless, or causes such a
 
16           person to have sexual contact with the actor; or
 
17      (d)  The person, while employed in a state correctional
 
18           facility, knowingly subjects to sexual contact an
 
19           imprisoned person or causes such person to have sexual
 
20           contact with the actor;
 
21      (e)  The person knowingly, by strong compulsion, has sexual
 
22           contact with another person or causes another person to
 
23           have sexual contact with the actor; provided that
 
24           paragraphs (b), (c), and (d) shall not be construed to
 

 
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                                     S.B. NO.           2663
                                                        
                                                        

 
 1           prohibit practitioners licensed under chapter 453, 455,
 
 2           or 460, from performing any act within their respective
 
 3           practices.
 
 4      (2)  No court shall accept a plea of nolo contendere for the
 
 5 offense of sexual assault in the third degree.
 
 6      (3)  Sexual assault in the third degree is a class C
 
 7 felony."
 
 8      SECTION 4.  Section 707-733, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§707-733  Sexual assault in the fourth degree.(1)  A
 
11 person commits the offense of sexual assault in the fourth degree
 
12 if:
 
13      (a)  The person knowingly subjects another person to sexual
 
14           contact by compulsion or causes another person to have
 
15           sexual contact with the actor by compulsion;
 
16      (b)  The person knowingly exposes the person's genitals to
 
17           another person under circumstances in which the actor's
 
18           conduct is likely to alarm the other person or put the
 
19           other person in fear of bodily injury; or
 
20      (c)  The person knowingly trespasses on property for the
 
21           purpose of subjecting another person to surreptitious
 
22           surveillance for the sexual gratification of the actor.
 

 
 
 
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                                     S.B. NO.           2663
                                                        
                                                        

 
 1      (2)  No court shall accept a plea of nolo contendere for the
 
 2 offense of sexual assault in the fourth degree.
 
 3      (3)  Sexual assault in the fourth degree is a misdemeanor.
 
 4      [(3)]  (4)  Whenever a court sentences a defendant for an
 
 5 offense under this section, the court may order the defendant to
 
 6 submit to a pre-sentence mental and medical examination pursuant
 
 7 to section 706-603."
 
 8      SECTION 5.  Section 707-733.5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]§707-733.5[]]  Continuous sexual assault of a minor
 
11 under the age of fourteen years.(1)  Any person who:
 
12      (a)  Either resides in the same home with a minor under the
 
13           age of fourteen years or has recurring access to the
 
14           minor; and
 
15      (b)  Engages in three or more acts of sexual penetration or
 
16           sexual contact with the minor over a period of time,
 
17           but while the minor is under the age of fourteen years,
 
18 is guilty of the offense of continuous sexual assault of a minor
 
19 under the age of fourteen years.
 
20      (2)  To convict under this section, the trier of fact, if a
 
21 jury, need unanimously agree only that the requisite number of
 
22 acts have occurred; the jury need not agree on which acts
 
23 constitute the requisite number.
 

 
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                                     S.B. NO.           2663
                                                        
                                                        

 
 1      (3)  No other felony sex offense involving the same victim
 
 2 may be charged in the same proceeding with a charge under this
 
 3 section, unless the other charged offense occurred outside the
 
 4 time frame of the offense charged under this section or the other
 
 5 offense is charged in the alternative.  A defendant may be
 
 6 charged with only one count under this section unless more than
 
 7 one victim is involved, in which case a separate count may be
 
 8 charged for each victim.
 
 9      (4)  No court shall accept a plea of nolo contendere for the
 
10 offense of continuous sexual assault of a minor under the age of
 
11 fourteen years.
 
12      (5)  Continuous sexual assault of a minor under the age of
 
13 fourteen years is a class A felony."
 
14      SECTION 6.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 7.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 8.  This Act shall take effect upon its approval.
 
20 
 
21                       INTRODUCED BY:  ___________________________