THE SENATE

S.B. NO.

3060

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEX OFFENDERS.

 

 

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

 


     SECTION 1.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§712-    Residency restrictions for certain sex offenders.  (1)  It shall be unlawful for any person convicted of a sexual offense against a child twelve years of age or younger to reside within       feet of any school building or any real property comprising a school.

     (2)  As used in this section:

     "School" means any public, charter, or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school.

     "Sexual offense" means:

    (a)   An act set forth in section 707-730(1)(a), 707‑730(1)(b), 707-730(1)(d), 707-730(1)(e), 707-731, 707-732(1)(a), 707-732(1)(b), 707-732(1)(d), 707‑732(1)(e), 707‑732(1)(f), 707-733(1)(a), 707-733, 707-733.6, 707‑750, 707-756, 707-759, 711-1110.9, 712‑1202(1)(a), 712-1202(1)(b), or 712-1203(1);

    (b)   An act defined in section 707-720 if the charging document for which there has been a conviction alleged an intent to subject the victim to a sexual offense;

    (c)   A criminal offense that is comparable to or exceeds a sexual offense as defined in paragraph (a) or (b), or any federal, military, or out-of-state conviction that under the laws of this State would be a sexual offense as defined in paragraph (a) or (b); or

    (d)   An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraphs (a) through (c).

     (3)  Any person violating this section shall be guilty of 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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Sex Offenders; Penal Code

 

Description:

Makes it a class C felony for persons convicted of certain sexual offenses committed against a child twelve years of age or younger to reside within an unspecified number of feet of any school building or any real property comprising a school.  Effective July 1, 2050.  (SD1)

 

 

 

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