Report Title:

Sexual Assault Crimes; ConAm

Description:

Propose an amendment to article I of the State Constitution to provide that the Legislature may define what behavior constitutes a continuing course of conduct in sexual assault crimes, and that the Legislature may define what constitutes the unanimity that is required for a conviction in sexual assault crimes. (Rabago case). (SD1)

THE SENATE

S.B. NO.

2246

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO SEXUAL ASSAULT.

 

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

SECTION 1. The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to provide that the legislature may define what behavior constitutes a continuing course of conduct in sexual assault crimes against minors and what constitutes the jury unanimity that is required for a conviction.

Under current Hawaii law, it is difficult to prosecute those who repeatedly sexually assault young children with whom they live, because of the difficulty young children have in remembering the individual dates on which they were sexually assaulted. This amendment would allow the legislature to enact a law that would permit juries to convict a person of the continuous sexual assault of a child, if each member of the jury was convinced beyond a reasonable doubt that the defendant had sexually assaulted the child the required number of times (such as three), even if there were not unanimity as to the individual assaults. This would thus make it easier to prosecute those who repeatedly sexually assault children with whom they live.

The legislature passed such a law in 1997, but that law was invalidated by the Hawaii Supreme Court. An amendment similar to this amendment was proposed to the voters in 2004 and received "yes" votes that constituted 65.6 percent of the votes cast, but the amendment was invalidated by the Hawaii Supreme Court on the ground that the legislature had not followed correct procedures in proposing the amendment to the voters.

SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"SEXUAL ASSAULT CRIMES AGAINST MINORS

Section   . The legislature may define in sexual assault crimes against minors: (1) what behavior constitutes a continuing course of conduct; and (2) what constitutes the jury unanimity that is required for a conviction."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to provide that the legislature may define in sexual assault crimes against minors: (1) what behavior constitutes a continuing course of conduct; and (2) what constitutes the jury unanimity that is required for a conviction?"

SECTION 4. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.