RELATING TO WILLS.

Allows pour-over will to be valid if notarized.

HB 1840

RELATING TO CONSERVATION.

Removes "drop dead" clause from section 13, Act 380, SLH 1997, as amended by section 1, Act 3, SLH 2001, relating to establishment of conservation plans and safe harbor agreements for the protection of endangered wildlife.

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO SEXUAL ASSAULT.

Proposes a constitutional amendment to allow legislature to define what behavior constitutes a continuing course of conduct in sexual assault cases.

RELATING TO SEXUAL ASSAULT.

Amends the law defining continuous sexual assault of a minor to permit the jury to convict if it is unanimous in finding that defendant committed at least three prohibited acts, even if it can not unanimously agree which 3 acts constitute the offense.

RELATING TO SEXUAL ASSAULT.

Amends the definition of "strong compulsion" to include the use or attempt to use a controlled substance to overcome a person.

RELATING TO CRIMES AGAINST MINORS.

Add electronic enticement of a child to the list of class C felonies subject to repeat offender sentencing. Mandates at least 1 year incarceration for defendants convicted of promoting child abuse or convicted of electronic enticement of a child. Eliminates the possibility of a deferred plea for those who enter a plea to the crime of promoting child abuse or the crime of electronic enticement of a child. Adds a new misdemeanor of electronic enticement of a child in the third degree.

RELATING TO CHILD SUPPORT ENFORCEMENT.

Clarifies that information maintained by the CSEA may be disclosed to persons who are directly involved with the administration and implementation of a program approved by Title IV-E of the Social Security Act.

RELATING TO CHILD SUPPORT ENFORCEMENT.

Allows the CSEA to suspend licenses of those individuals who have become delinquent in making payment after entering into an agreement once notice was sent informing the individual of the license suspension process, rather than having to reinitiate the entire license suspension process from the beginning.

RELATING TO CHILD SUPPORT ENFORCEMENT.

Allows income withholding to continue when current child support ends where there are outstanding arrears for cases CSEA services are being provided. Authorizes CSEA to adopt administrative rules as necessary to implement income withholding requirements.

RELATING TO PROPERTY DAMAGE.

Prohibits sale of graffiti implements to minors. Makes it a petty misdemeanor for a person to sell or give a minor graffiti implements. Makes it a petty misdemeanor for a minor to purchase or otherwise possess graffiti implements without express adult permission or without adult supervision. Makes it a class C felony for an adult to conspire with minors to purchase or provide graffiti implements for the purpose of vandalizing property.

RELATING TO THEFT.

Prohibits sentence of probation or grant of deferred acceptance of guilty or no contest plea in case of theft involving $100,000 or more of property.

RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL.

Provides the AG with 33% of the proceeds or settlement from a false claim prosecution where the AG initiates, or assumes control of, the action, to provide funds to develop the requisite expertise and resources to actively pursue civil fraud perpetrated against the state.

RELATING TO CHAPTER 803.

Restores the standard required by the US Constitution, rather than the higher standard imposed by the HRS that dictates police behavior when an arrested person requests that a message be conveyed to the arrested person's family member or attorney. Restores the standard required by the US Constitution, rather than the higher standard imposed by the HRS that dictates police behavior when entering a house to arrest a person suspected of a crime.

RELATING TO TIME LIMITATIONS.

Adds crimes that include deception as an element of those crimes where the date of discovery is used to calculate the time limitation within which the crime must be charged.

RELATING TO CHAPTER 803, HAWAII REVISED STATUTES.

Extends from 48 hours to 72 hours the time within which police must decide to charge arrested person and bring the person to court or to release the person. Excludes weekends and holidays for calculation of the 72 hour period.

RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.

Allows a person sentenced for a first-time drug offense prior to 7/01/02, who has a satisfactory record of drug treatment and abstinence and a record free of any criminal conviction, to apply for re-sentencing and expungement of related arrest and conviction records.

RELATING TO ELECTIONS.

Prohibits public officials from appearing in public service announcements three months prior to an election.

RELATING TO BILL OF RIGHTS DAY.

Establishes bill of rights day; appropriates funds.

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Rep. Sylvia Luke