Report Title:
Nolo Contendere
Description:
Disallows the entry of nolo contendere pleas in sexual assault cases.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
385 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. Section 707-730, Hawaii Revised Statutes, is amended to read as follows:
"§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if:
(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
(b) The person knowingly subjects to sexual penetration another person who is less than fourteen years old; provided this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.
(2) No court shall accept a plea of nolo contendere for the offense of sexual assault in the first degree.
[(2)] (3) Sexual assault in the first degree is a class A felony."
SECTION 2. Section 707-731, Hawaii Revised Statutes, is amended to read as follows:
"§707-731 Sexual assault in the second degree. (1) A person commits the offense of sexual assault in the second degree if:
(a) The person knowingly subjects another person to an act of sexual penetration by compulsion;
(b) The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless;
(c) The person, while employed in a state correctional facility or while employed as a law enforcement officer as defined in section 710-1000(13), knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, or a person in custody; provided that paragraph (b) and this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices; and further provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.
(2) No court shall accept a plea of nolo contendere for the offense of sexual assault in the second degree.
[(2)] (3) Sexual assault in the second degree is a class B felony."
SECTION 3. Section 707-732, Hawaii Revised Statutes, is amended to read as follows:
"§707-732 Sexual assault in the third degree. (1) A person commits the offense of sexual assault in the third degree if:
(a) The person recklessly subjects another person to an act of sexual penetration by compulsion;
(b) The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;
(c) The person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor; or
(d) The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person or causes such person to have sexual contact with the actor;
(e) The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor; provided that paragraphs (b), (c), and (d) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.
(2) No court shall accept a plea of nolo contendere for the offense of sexual assault in the third degree.
[(2)] (3) Sexual assault in the third degree is a class C felony."
SECTION 4. Section 707-733, Hawaii Revised Statutes, is amended to read as follows:
"§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if:
(a) The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;
(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or
(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.
(2) No court shall accept a plea of nolo contendere for the offense of sexual assault in the fourth degree.
[(2)] (3) Sexual assault in the fourth degree is a misdemeanor.
[(3)] (4) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603."
SECTION 5. Section 707-733.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§707-733.5[]] Continuous sexual assault of a minor under the age of fourteen years. (1) Any person who:
(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, but while the minor is under the age of fourteen years,
is guilty of the offense of continuous sexual assault of a minor under the age of fourteen years.
(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.
(3) No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the time frame of the offense charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved, in which case a separate count may be charged for each victim.
(4) No court shall accept a plea of nolo contendere for the offense of continuous sexual assault of a minor under the age of fourteen years.
[(4)] (5) Continuous sexual assault of a minor under the age of fourteen years is a class A felony."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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