REPORT TITLE:
Prostitution


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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 under
 
16           paragraph (a), including the Waikiki area.
 
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 Waikiki and other areas
 
11 in the State designated by county ordinance during the hours from
 
12 6 p.m. to 6 a.m.  Upon any violation of the geographic
 
13 restrictions by the defendant, the court, after hearing, shall
 
14 revoke the defendant's probation and immediately impose the
 
15 mandatory [minimum] thirty-day term of imprisonment.  Nothing
 
16 contained in this subsection shall be construed as prohibiting
 
17 the imposition of stricter geographic restrictions under section
 
18 706-624(2)(h).
 
19      [(4)] (5)  Any person charged under this section may be
 
20 admitted to bail, pursuant to section 804-4, subject to the
 
21 mandatory condition that the person observe geographic
 
22 restrictions that prohibit the defendant from entering or
 
23 [walking along the public streets or sidewalks of Waikiki]
 

 
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 1 remaining on public property, in Waikiki and other areas in the
 
 2 State designated by county ordinance during the hours from 6 p.m.
 
 3 to 6 a.m.  Notwithstanding any other provision of law to the
 
 4 contrary, any person who violates these bail restrictions shall
 
 5 have the person's bail revoked after hearing and shall be
 
 6 imprisoned forthwith.  Nothing contained in this subsection shall
 
 7 be construed as prohibiting the imposition of stricter geographic
 
 8 restrictions under section 804-7.1.
 
 9      (6)  Notwithstanding any other law to the contrary, a police
 
10 officer, without warrant, may arrest any person when the officer
 
11 has probable cause to believe that the person has committed a
 
12 violation of subsection (4) or (5), and the person shall be
 
13 detained, without bail, until the hearing under the appropriate
 
14 subsection can be held, which hearing shall be held as soon as
 
15 reasonably practicable.
 
16      [(5)] (7)  For purposes of this section:
 
17      "Area" means any zone within a county that is defined with
 
18 specific boundaries and designated as a zone of significant
 
19 prostitution by this section or a county ordinance.
 
20      "Public property" includes any street, highway, road,
 
21 sidewalk, alley, lane, bridge, parking lot, park, or other
 
22 property owned or under the jurisdiction of any governmental
 
23 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 bail
 
16 shall be allowed for any person charged under section 712-1207
 
17 only subject to the mandatory condition that the person observe
 
18 geographic restrictions that prohibit the defendant from entering
 
19 or [walking along the public streets or sidewalks of Waikiki]
 
20 remaining on public property, in Waikiki and other areas in the
 
21 State designated by county ordinance during the hours from 6 p.m.
 
22 to 6 a.m.; and provided further that nothing contained in this
 
23 subsection shall be construed as prohibiting the imposition of
 

 
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 1 stricter geographic restrictions under section 804-7.1.  The
 
 2 right to bail shall continue after conviction of a misdemeanor,
 
 3 petty misdemeanor, or violation, and release on bail may
 
 4 continue, in the discretion of the court, after conviction of a
 
 5 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 areas in the State designated by
 
 3           county ordinance pursuant to section 712-1207 during
 
 4           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.