REPORT TITLE:
Sexual Assault


DESCRIPTION:
Makes a fourth offense of sexual assault in the fourth degree
require mandatory sex offender assessment and, if recommended
based on the assessment, sex offender treatment. (SB585 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        585
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEXUAL OFFENDERS.



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

 1      SECTION 1.  The legislature finds that although many sex
 
 2 offenders suffering from mental disorders initially commit
 
 3 misdemeanor offenses, such as indecent exposure, lewd public
 
 4 conduct, and "peeping tom" offenses, they become emboldened and
 
 5 tend to escalate their deviant sexual behavior once they find
 
 6 they are able to repeat these lesser acts without negative
 
 7 repercussions or consequences.
 
 8      Accordingly, the legislature finds that providing treatment
 
 9 at an earlier stage will help to break the escalating cycle for
 
10 many of these misdemeanor sex offenders before they commit more
 
11 serious sexual offenses.  The purpose of this Act is to make a
 
12 fourth offense of sexual assault in the fourth degree require
 
13 mandatory sex offender assessment and, if recommended based on
 
14 the assessment, sex offender treatment.
 
15      SECTION 2.  Section 707-733, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§707-733  Sexual assault in the fourth degree.(1)  A
 
18 person commits the offense of sexual assault in the fourth degree
 
19 if:
 

 
Page 2                                                     585
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                                                        H.D. 2
                                                        

 
 1      (a)  The person knowingly subjects another person to sexual
 
 2           contact by compulsion or causes another person to have
 
 3           sexual contact with the actor by compulsion;
 
 4      (b)  The person knowingly exposes the person's genitals to
 
 5           another person under circumstances in which the actor's
 
 6           conduct is likely to alarm the other person or put the
 
 7           other person in fear of bodily injury; or
 
 8      (c)  The person knowingly trespasses on property for the
 
 9           purpose of subjecting another person to surreptitious
 
10           surveillance for the sexual gratification of the actor.
 
11      (2)  Sexual assault in the fourth degree is a misdemeanor.
 
12      (3)  Whenever a court sentences a defendant for an offense
 
13 under this section, the court may order the defendant to submit
 
14 to a pre-sentence mental and medical examination pursuant to
 
15 section 706-603.
 
16      (4)  Whenever a court sentences a defendant for an offense
 
17 under this section and the defendant has been convicted under
 
18 this section on at least three prior and separate occasions
 
19 within the past three-year period, the court shall order the
 
20 defendant to participate in a sex offender assessment and, if
 
21 recommended based on the assessment, participate in the sex
 
22 offender treatment program established by chapter 353E.
 

 
 
 
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                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      SECTION 3.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.