REPORT TITLE:
Prostitution


DESCRIPTION:
Expands prohibition of prostitution in areas designated by the
council of the appropriate county.  Up to four areas, each a
maximum of three square miles, are allowed to be designated by
each county.  Denies bail to those persons arrested for violating
terms of bail or of probation by entering into these prohibited
designated areas. (HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   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] areas in this State designated by county ordinance
 
 6 pursuant to subsection (2), and while on [a public street or
 
 7 sidewalk] any public property, to offer or agree to engage in
 
 8 sexual conduct with another person in return for a fee.  (2)
 
 9 Upon a recommendation of the chief of police of a county, that
 
10 county may enact an ordinance that:
 
11      (a)  Designates up to four areas, each no larger than three
 
12           square miles, 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 under
 
16           paragraph (a).
 
17      (3)  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
 
20 imprisonment.  The term of imprisonment shall be imposed
 

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

 
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 1 county ordinance during the hours from 6 p.m. to 6 a.m.
 
 2 Notwithstanding any other provision of law to the contrary, any
 
 3 person who violates these bail restrictions shall have the
 
 4 person's bail revoked after hearing and shall be imprisoned
 
 5 forthwith.  Nothing contained in this subsection shall be
 
 6 construed as prohibiting the imposition of stricter geographic
 
 7 restrictions under section 804-7.1.
 
 8      (6)  Notwithstanding any other law to the contrary, a police
 
 9 officer, without warrant, may arrest any person when the officer
 
10 has probable cause to believe that the person has committed a
 
11 violation of subsection (4) or (5), and the person shall be
 
12 detained, without bail, until the hearing under the appropriate
 
13 subsection can be held, which hearing shall be held as soon as
 
14 reasonably practicable.
 
15      [(5)] (7)  For purposes of this section:
 
16      "Area" means any zone within a county that is defined with
 
17 specific boundaries and designated as a zone of significant
 
18 prostitution by this section or a county ordinance.
 
19      "Public property" includes any street, highway, road,
 
20 sidewalk, alley, lane, bridge, parking lot, park, or other
 
21 property owned or under the jurisdiction of any governmental
 
22 entity or otherwise open to the public.
 

 
 
 
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 1      "Sexual conduct" has the same meaning as in section
 
 2 712-1200(2).
 
 3      ["Waikiki" means that area of Oahu bounded by the Ala Wai
 
 4 canal, the ocean, and Kapahulu avenue.]
 
 5      [(6)] (8)  This section shall apply to all counties;
 
 6 provided that if a county enacts an ordinance to regulate street
 
 7 solicitation for prostitution, other than an ordinance
 
 8 designating an area as a zone of significant prostitution-related
 
 9 activity, the county ordinance shall supersede this section and
 
10 no person shall be convicted under this section in that county."
 
11      SECTION 2.  Section 804-4, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  If the charge is for an offense for which bail is
 
14 allowable under section 804-3, the defendant may be admitted to
 
15 bail before conviction as a matter of right[; provided that].
 
16 Except for Section 712-1207(6), bail shall be allowed for any
 
17 person charged under section 712-1207 only subject to the
 
18 mandatory condition that the person observe geographic
 
19 restrictions that prohibit the defendant from entering or
 
20 [walking along the public streets or sidewalks of Waikiki]
 
21 remaining on public property in areas in the State designated by
 
22 county ordinance during the hours from 6 p.m. to 6 a.m.; and
 
23 provided further that nothing contained in this subsection shall
 

 
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 1 be construed as prohibiting the imposition of stricter geographic
 
 2 restrictions under section 804-7.1.  The right to bail shall
 
 3 continue after conviction of a misdemeanor, petty misdemeanor, or
 
 4 violation, and release on bail may continue, in the discretion of
 
 5 the court, after conviction of a felony until the final
 
 6 determination of any motion for a new trial, appeal, habeas
 
 7 corpus, or other proceedings that are made, taken, issued, or
 
 8 allowed for the purpose of securing a review of the rulings,
 
 9 verdict, judgment, sentence, or other proceedings of any court or
 
10 jury in or by which the defendant has been arraigned, tried,
 
11 convicted, or sentenced; provided that:
 
12      (1)  No bail shall be allowed after conviction and prior to
 
13           sentencing in cases where bail was not available under
 
14           section 804-3, or where bail was denied or revoked
 
15           before conviction;
 
16      (2)  No bail shall be allowed pending appeal of a felony
 
17           conviction where a sentence of imprisonment has been
 
18           imposed; and
 
19      (3)  No bail shall be allowed pending appeal of a conviction
 
20           for a violation of section 712-1207, unless the court
 
21           finds, based on the defendant's record, that the
 
22           defendant may be admitted to bail subject to the
 
23           mandatory condition that the person observe geographic
 

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