REPORT TITLE:
Sex Assault 4th; Treatment


DESCRIPTION:
Makes a third offense of sexual assault in the 4th degree a class
C felony and requires mandatory sex offender assessment and/or
treatment and a mandatory minimum prison sentence. [SD1]

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           585
TWENTIETH LEGISLATURE, 1999                                S.D. 1
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.  The legislature further finds
 
 8 that studies have shown that only one in one hundred first time
 
 9 offenders who receive sex offender treatment will re-offend.
 
10      Accordingly, the legislature finds that providing treatment
 
11 at an earlier stage will help to break the escalating cycle for
 
12 many of these misdemeanor sex offenders before they commit more
 
13 serious sexual offenses.  The purpose of this Act is to make a
 
14 third offense of sexual assault in the fourth degree a class C
 
15 felony and, in the sentencing for such offense, to require
 
16 mandatory sex offender assessment and, if recommended based on
 
17 the assessment, treatment, and imposition of a mandatory minimum
 
18 prison sentence.
 
19      SECTION 2.  Section 707-733, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 

 
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                                     S.B. NO.           585
                                                        S.D. 1
                                                        

 
 1      "§707-733  Sexual assault in the fourth degree.(1)  A
 
 2 person commits the offense of sexual assault in the fourth degree
 
 3 if:
 
 4      (a)  The person knowingly subjects another person to sexual
 
 5           contact by compulsion or causes another person to have
 
 6           sexual contact with the actor by compulsion;
 
 7      (b)  The person knowingly exposes the person's genitals to
 
 8           another person under circumstances in which the actor's
 
 9           conduct is likely to alarm the other person or put the
 
10           other person in fear of bodily injury; or
 
11      (c)  The person knowingly trespasses on property for the
 
12           purpose of subjecting another person to surreptitious
 
13           surveillance for the sexual gratification of the actor.
 
14      (2)  [Sexual] Except as provided in subsection (3), sexual
 
15 assault in the fourth degree is a misdemeanor.
 
16      (3)  A person who commits an offense under this section and
 
17 has entered a guilty or nolo contendere plea for two or more
 
18 prior offenses under this section, shall be guilty of a class C
 
19 felony.  For purposes of this section, a plea previously entered
 
20 by the person under section 853-1 for an offense under this
 
21 section shall be considered a guilty plea or nolo contendere plea
 
22 for a prior offense.
 

 
 
 
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                                     S.B. NO.           585
                                                        S.D. 1
                                                        

 
 1      [(3)] (4)  Whenever a court sentences a defendant for an
 
 2 offense under this section, the court may order the defendant to
 
 3 submit to a pre-sentence mental and medical examination pursuant
 
 4 to section 706-603.
 
 5      (5)  Whenever a court sentences a defendant for an offense
 
 6 under subsection (3), notwithstanding any other provision of law
 
 7 to the contrary and in addition to any other sentence imposed,
 
 8 the court shall:
 
 9      (a)  Order the defendant to participate in a sex offender
 
10           assessment and, if recommended based on the assessment,
 
11           sex offender treatment pursuant to chapter 353E; and
 
12      (b)  Impose a mandatory minimum term of imprisonment of one
 
13           year.
 
14 The Hawaii paroling authority shall not release the defendant
 
15 until the defendant has completed a sex offender assessment and,
 
16 if recommended based on the assessment, sex offender treatment
 
17 program pursuant to paragraph (a)."
 
18      SECTION 3.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 
20 begun, before its effective date.
 
21      SECTION 4.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect upon its approval.