Report Title:

Sex Offenders; Sentencing

Description:

Authorizes the court at sentencing to require a person with three or more convictions of sexual assault in the first degree to wear a global positioning system transmitter for up to 10 years after the person's release from prison.  Classifies as a class C felony the removal or disabling of the transmitter.  (HB620 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	620
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SENTENCING.

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

     SECTION 1.  Section 707-730, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Sexual assault in the first degree is a class A felony[.]; provided that the court, at the time of sentencing, may require a person with three or more prior convictions under this section to wear an electronic monitoring device that transmits information regarding the person's location to the Hawaii paroling authority, department of public safety, or any county police department for up to ten years after the person's release from imprisonment.  Intentionally or knowingly removing or disabling the transmitter, or permitting it to be removed or disabled, is a class C felony."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2046.