HOUSE OF REPRESENTATIVES	H.B. NO.	1371
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to sentence of imprisonment for sexual assault of a minor AGE twelve OR YOUNGER.

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

     SECTION 1.  The legislature finds that children are a vulnerable group that needs to be protected from sexual predators.  Sexual crimes committed against children age twelve and younger are particularly egregious, given that children in that age range are incapable of legally consenting to any sexual acts.  The legislature therefore finds that imposing a mandatory minimum term of imprisonment upon persons convicted of certain sexual crimes against children age twelve and younger is warranted, and serves as a deterrent to future conduct. 

The purpose of this Act is to establish a mandatory minimum term of imprisonment for persons age eighteen and older who have been convicted of certain sexual offenses against a child age twelve or younger.

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-   Sentence of imprisonment for sexual assault of a minor age twelve or younger. (1)  Any person who is convicted of an offense under section 707-730(1)(a), 707-730(1)(d), or 707-730(1)(e) against a minor age twelve or younger, if not sentenced to an extended term of imprisonment pursuant to 706-662, shall be sentenced to a mandatory minimum term of imprisonment of six years, eight months without the possibility of parole or probation.

(2)  Any person who is convicted of an offense under section 707-731(1)(a), 707-731(1)(b), or 707-731(1)(c) against a minor age twelve or younger, if not sentenced to an extended term of imprisonment pursuant to 706-662, shall be sentenced to a mandatory minimum term of imprisonment of three years, four months without the possibility of parole or probation.

(3)  Any person who is convicted of an offense under section 707-732(1)(a) against a minor age twelve or younger, if not sentenced to an extended term of imprisonment pursuant to 706-662, shall be sentenced to a mandatory minimum term of imprisonment of one year, eight months without the possibility of parole or probation."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2013.

INTRODUCED BY:

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Report Title:

Penal Code; Sentencing; Sexual Assault; Minor Age 12 and Under

Description:

Requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor age 12 or younger.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.