SB783

SECTION 1. Ensuring the health, safety, and well-being of people in Hawaii, including sex workers, is a priority of the State. However, current statutes relating to prostitution often cause harm to people without the justification of a clear public purpose. The mere fact that some members of the community may be morally offended by the existence of prostitution should not be an excuse to criminalize private consensual conduct engaged in by adults.

To address these problems, this Act repeals and clarifies a series of statutes relating to prostitution, with an aim to remove criminal sanctions against acts of consenting adults, allow for a limited county authority to regulate public activities relating to prostitution, and amend and remove language that could create major felony exposure for those committing lesser crimes. This includes clarifying various crimes involving minors that were written to protect young people from exploitive adults, not to criminalize the behavior of minors who are not in an exploitative relationship. The statutes have been reworded to approximate the crime of statutory rape.

Further, this Act broadly amends existing statutes to allow clearer means of dealing with sex trafficking and the abuse of minors without creating new harms and violating the rights to liberty as outlined in the Hawaii State Constitution.

SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:

"§712-1200 Prostitution. (1) A person [~~commits the offense~~] engages in the act of prostitution if the person:

(a) Engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee; or

(b) Pays, agrees to pay, or offers to pay a fee to another to engage in sexual conduct.

(2) As used in this section:

"Minor" means a person who is less than eighteen years of age.

"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.

(3) Prostitution is [~~a petty misdemeanor;~~] not an offense under this part; provided that[:]

[~~(a) If the person who commits the offense under subsection (1)(a) is a minor, prostitution is a violation; and~~

~~(b)~~ ~~If the person who commits the offense under subsection (1)(b) does so in reckless disregard of the fact that the other person is a victim of sex trafficking, prostitution is a class C felony.~~]

the persons engaging in the sexual conduct are not minors; provided further that if the person engaging in prostitution pursuant to subsection (1) is a minor, prostitution is an offense pursuant to this part.

[~~(4)~~ ~~A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:~~

~~(a)~~ For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of not less than $500 but not more than $1,000 and the person may be sentenced to a term of imprisonment of not more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may sentence the person to perform services for the community as authorized by section 706-605(1).

~~(b)~~ For any subsequent offense, a fine of not less than $500 but not more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence.

~~(c)~~ For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until four years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense. When the court has ordered a sentence of probation, the court may impose as a condition of probation that the defendant complete a course of prostitution intervention classes; provided that the court may only impose the condition for one term of probation.

~~(5)~~] (4) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties, unless engaged in sexual [~~penetration or sadomasochistic abuse.~~] conduct, as defined in this section, which shall be subject to the applicable provisions under chapter 707.

[~~(6)~~] (5) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated [[]subsection[]] (1)[~~(a)~~]. The minor shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to section 571‑11(1), including for the purposes of custody, detention, diversion, and access to services and resources."

SECTION 3. Section 712-1201, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person "advances prostitution" if, acting other than as a prostitute or a patron of a prostitute, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, harms or abuses a prostitute, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution."

SECTION 4. Section 712-1202, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) A person commits the offense of sex trafficking if the person [~~knowingly~~]:

(a) [~~Advances~~] Knowingly advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another; or

(b) [~~Advances~~] Is over the age of eighteen and knowingly advances or profits from prostitution of a [~~minor;~~] person under the age of sixteen; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently."

2. By amending subsection (3) to read:

"(3) As used in this section:

"Fraud" means making material false statements, misstatements, or omissions.

[~~"Minor" means a person who is less than eighteen years of age.~~]

"Threat" means any of the actions listed in section 707‑764(1)."

SECTION 5. Section 712-1203, Hawaii Revised Statutes, is amended to read as follows:

"§712-1203 Promoting prostitution. (1) A person commits the offense of promoting prostitution if the person knowingly advances or profits from prostitution[.] of a minor.

(2) Promoting prostitution is a class B felony[.] if committed by a person who is twenty-one years or older.

(3) Promoting prostitution is a class C felony if committed by a person who is under the age of twenty-one and who is five or more years older than the minor victim."

SECTION 6. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows:

"§712-1207 Street solicitation of prostitution; designated areas. (1) [It] A county may petition the court to establish designated areas where it shall be unlawful for any person within the boundaries of [~~Waikiki~~] the designated areas and while on any public property to:

(a) Offer or agree to engage in sexual conduct with another person in return for a fee; or

(b) Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct.

[~~(2) It shall be unlawful for any person within the boundaries of other areas in this State designated by county ordinance pursuant to subsection (3), and while on any public property to:~~

~~(a)~~ ~~Offer or agree to engage in sexual conduct with another person in return for a fee; or~~

~~(b)~~ ~~Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct.~~

~~(3)~~] (2) [~~Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:~~] The court shall hold a hearing to consider the county's petition. The court shall make reasonable efforts to identify advocates for sex workers and consider any arguments they present in opposition to or with advice on the county petition before making its ruling. The county's petition shall:

(a) [~~Designates~~] Designate areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or

(b) [~~Alters~~] Alter the boundaries of any existing area under paragraph (a);

provided that not more than four areas may be designated within the State.

[~~(4)~~] (3) Notwithstanding any law to the contrary, any person violating this section shall be [guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (5).] subject to a civil fine in the amount of $500.

[~~(5)~~] (4) As an option to the [~~mandatory term of thirty days imprisonment,~~] civil fine, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property[~~, in Waikiki~~] and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after hearing, [~~shall~~] may revoke the defendant's probation and [~~immediately~~] impose [~~the mandatory~~] a thirty-day term of imprisonment. [~~Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h).~~

~~(6)~~] (5) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property[~~, in Waikiki and other~~] within areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. [Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.]

[~~(7)~~] (6) Notwithstanding any other law to the contrary, a police officer, without warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (4) or (5) [~~or (6)~~], and the person [~~shall~~] may be detained[~~, without bail,~~] until the hearing under the appropriate subsection can be held, which hearing shall be held as soon as reasonably practicable.

[~~(8)~~] (7) For purposes of this section:

"Area" means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance.

"Public property" includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public.

"Sexual conduct" has the same meaning as in section 712‑1200(2).

[~~"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.~~

~~(9)~~] (8) This section shall apply to all counties[; provided that if a county enacts an ordinance to regulate street solicitation for prostitution, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county].

(9) This section shall not apply to any member of a police department, a sheriff, or law enforcement officer acting in the course and scope of duties, unless engaged in sexual conduct as defined in section 712-1200(2)."

SECTION 7. Section 712-1209.1, Hawaii Revised Statutes, is amended to read as follows:

"§712-1209.1 Solicitation of a minor for prostitution. (1) A person eighteen years of age or older commits the offense of solicitation of a minor for prostitution if the person intentionally, knowingly, or recklessly offers or agrees to pay a fee to a minor or to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct.

(2) [~~Solicitation of~~] A person twenty-one years or older commits the offense of solicitation if the person intentionally, knowingly, or recklessly offers or agrees to pay a fee to a [~~minor~~] person under the age of sixteen for prostitution [~~is a class C felony~~].

(3) A person under the age of twenty-one commits the offense of solicitation if the person intentionally, knowingly, or recklessly offers or agrees to pay a fee to a minor five or more years younger than the soliciting party.

[~~(3)~~] (4) [A person convicted of committing the offense of solicitation of a minor for prostitution shall be imposed a fine of not less than $5,000; provided that $5,000 of the imposed fine shall be credited to the general fund.] Solicitation of a minor is a class C felony.

[~~(4)~~] (5) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer who offers or agrees to pay a fee to a minor while acting in the course and scope of duties[.], unless engaged in sexual conduct as defined in section 712-1200(2).

[~~(5)~~] (6) The state of mind requirement for this offense is not applicable to the fact that the person solicited was a minor. A person is strictly liable with respect to the attendant circumstance that the person solicited was a minor.

[~~(6)~~] (7) For purposes of this section:

"Minor" means a person who is less than eighteen years of age.

"Sexual conduct" has the same meaning as in section 712‑1200(2)."

SECTION 8. Section 712-1209.6, Hawaii Revised Statutes, is amended to read as follows:

"§712-1209.6 Prostitution; motion to vacate conviction. (1) [A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206, street solicitation of prostitution in designated areas under section 712-1207, or convicted of a lesser offense when originally charged with a violation of section 712-1200, 712-1206, or 712-1207, may file a motion to vacate the conviction if the defendant's participation in the offense was the result of the person having been a victim of:

~~(a)~~ ~~Sex trafficking under section 712-1202 or promoting prostitution under section 712-1203; or~~

~~(b)~~ ~~A severe form of trafficking in persons as defined in title 22 United States Code section 7102(9)(A).~~]

All convictions for violations under sections 712-1200, 712‑1208, 712-1209, and 712-1209.5 shall be vacated by the appropriate court. All open cases, outstanding warrants, and any other issues related to these sections are moot as of the effective date of this section.

(2) [~~A motion filed under this section shall:~~

~~(a)~~ ~~Be in writing;~~

~~(b)~~ ~~Be signed and sworn to by the petitioner;~~

~~(c)~~ Be made within six years after the date that the person ceases to be a victim as described in subsection (1), subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of the trafficking that may be jeopardized by the bringing of a motion, or for ~~other reasons consistent with the purpose of this section;~~

~~(d)~~ Describe all the grounds and evidence for vacation of a conviction which are available to the petitioner and of which the petitioner has or by the exercise of reasonable diligence should have knowledge, and provide copies of any official documents showing that the defendant is entitled to relief under this section; and

~~(e)~~ ~~Be subject to the review and written approval of the state agency or county prosecutor responsible for prosecuting the offense that is the subject of the motion to vacate conviction.~~

Convictions under section 712-1207 may be vacated by petitioning to the appropriate court. These shall be granted if the applicant has no subsequent convictions or is under no current investigation for criminal charges, and a period of twelve months has elapsed since the conviction, during which no additional criminal charges have been filed or convictions have been entered against the petitioner.

[(3) The court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (2); provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.

~~(4) If the court grants a motion filed under this section, the court shall vacate the conviction.~~

~~(5) A person making a motion to vacate pursuant to this section has the burden of proof by a preponderance of the evidence.~~

~~(6) This section shall not apply to a motion to vacate a conviction under this chapter for:~~

~~(a)~~ ~~Sex trafficking under section 712-1202;~~

~~(b)~~ ~~Promoting prostitution under section 712-1203; or~~

~~(c)~~ ~~A person who pays, agrees to pay or offers a fee to another person to engage in sexual conduct.~~]"

SECTION 9. Section 804-4, Hawaii Revised Statutes, is amended to read as follows:

"§804-4 When a matter of right. (a) If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right. [Except for section 712-1207(7), bail shall be allowed for any person charged under section 712-1207 only subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m.; and provided further that nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.] The right to bail shall continue after conviction of a misdemeanor, petty misdemeanor, or violation, and release on bail may continue, in the discretion of the court, after conviction of a felony until the final determination of any motion for a new trial, appeal, habeas corpus, or other proceedings that are made, taken, issued, or allowed for the purpose of securing a review of the rulings, verdict, judgment, sentence, or other proceedings of any court or jury in or by which the defendant has been arraigned, tried, convicted, or sentenced; provided that:

(1) No bail shall be allowed after conviction and prior to sentencing in cases where bail was not available under section 804-3, or where bail was denied or revoked before conviction; and

(2) No bail shall be allowed pending appeal of a felony conviction where a sentence of imprisonment has been imposed[~~; and~~

~~(3)~~ No bail shall be allowed pending appeal of a conviction for a violation of section 712-1207, unless the court finds, based on the defendant's record, that the defendant may be admitted to bail subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or walking along the public streets or sidewalks of Waikiki or other areas in the State designated by county ordinance pursuant to section 712-1207 during the hours from 6 p.m. to 6 a.m].

Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith.

(b) The court shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:

(1) By clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released; and

(2) That the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.

If the court makes these findings, the court shall order the release of the person in accordance with section 804-7.1. No defendant entitled to bail, whether bailed or not, shall be subject, without the defendant's written consent, to the operation of any sentence passed upon the defendant, while any proceedings to procure a review of any action of the trial court or jury in the premises are pending and undetermined, except as provided in section 641-14(a) [~~or section 712-1207~~]."

SECTION 10. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a) as follows:

"(a) Criminal charges may be instituted by written information for a felony when the charge is a class C felony, except under:

(1) Section 159-28 (bribery related to the Hawaii Meat Inspection Act);

(2) Section 161-28 (bribery related to the Hawaii Poultry Inspection Act);

(3) Section 707-712.5 (assault against a law enforcement officer in the first degree);

(4) Section 707-716 (terroristic threatening in the first degree);

(5) Section 707-732 (sexual assault in the third degree);

(6) Section 707-741 (incest);

(7) Section 707-752 (promoting child abuse in the third degree);

(8) Section 708-880 (commercial bribery);

(9) Section 709-904.5 (compensation by an adult of juveniles for crimes);

(10) Section 710-1026.9 (resisting an order to stop a motor vehicle in the first degree);

(11) Section 710-1070 (bribery of or by a witness);

(12) Section 710-1071 (intimidating a witness);

(13) Section 710-1072.2 (retaliating against a witness);

(14) Section 710-1073 (bribery of or by a juror);

(15) Section 710-1075 (jury tampering);

(16) Section 710-1075.5 (retaliating against a juror);

(17) Section 711-1106.4 (aggravated harassment by stalking);

(18) Section 711-1110.9 (violation of privacy in the first degree);

[~~(19)~~ ~~Section 712-1208 (promoting travel for prostitution);~~

~~(20)~~] (19) Section 712-1209.1 (solicitation of a minor for prostitution);

[~~(21)~~ ~~Section 712-1209.5 (habitual solicitation of prostitution);~~

~~(22)~~] (20) Section 712-1215 (promoting pornography for minors);

[~~(23)~~] (21) Section 712-1218 (failure to maintain age verification records of sexual performers);

[~~(24)~~] (22) Section 712-1218.5 (failure to maintain age verification records of sexually exploited individuals); and

[~~(25)~~] (23) Section 712-1219 (failure to affix information disclosing location of age verification records of sexual performers)."

SECTION 11. Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not apply when:

(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;

(2) The offense charged is:

(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or

(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;

(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;

(4) The offense charged is a class A felony;

(5) The offense charged is nonprobationable;

(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;

(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;

(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;

(9) A firearm was used in the commission of the offense charged;

(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;

(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;

(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;

(13) The offense charged is:

(A) Escape in the first degree;

(B) Escape in the second degree;

(D) Promoting prison contraband in the second degree;

(E) Bail jumping in the first degree;

(F) Bail jumping in the second degree;

(G) Bribery;

(H) Bribery of or by a witness;

(I) Intimidating a witness;

(J) Bribery of or by a juror;

(K) Intimidating a juror;

(L) Jury tampering;

(M) Promoting prostitution;

(N) Abuse of family or household member;

(O) Sexual assault in the second degree;

(P) Sexual assault in the third degree;

(Q) A violation of an order issued pursuant to chapter 586;

(R) Promoting child abuse in the second degree;

(S) Promoting child abuse in the third degree;

(T) Electronic enticement of a child in the first degree;

(U) Electronic enticement of a child in the second degree;

(V) Prostitution pursuant to section 712-1200(1)(b);

(W) Street solicitation of prostitution under section 712-1207(1)(b); or

[~~(X)~~ ~~Solicitation of prostitution near schools or public parks under section 712-1209;~~

~~(Y)~~ ~~Habitual solicitation of prostitution under section 712-1209.5; or~~

~~(Z)~~] (X) Solicitation of a minor for prostitution under section 712-1209.1;

(14) The defendant has been charged with:

(A) Knowingly or intentionally falsifying any report required under chapter 11, part XIII with the intent to circumvent the law or deceive the campaign spending commission; or

(B) Violating section 11-352 or 11-353; or

(15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle."

SECTION 12. Section 712-1206, Hawaii Revised Statutes, is repealed.

["~~[§712-1206]~~ Loitering for the purpose of engaging in or advancing prostitution. (1) For the purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

(2) Any person who remains or wanders about in a public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of prostitution as that term is defined in section 712-1200, shall be guilty of a violation.

(3) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) is guilty of a petty misdemeanor."]

SECTION 13. Section 712-1208, Hawaii Revised Statutes, is repealed.

["~~[§712-1208] Promoting travel for prostitution.~~ (1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.

~~(2) "Travel services" has the same meaning as in section 468L-1.~~

~~(3) Promoting travel for prostitution is a class C felony.~~"]

SECTION 14. Section 712-1209, Hawaii Revised Statutes, is repealed.

["~~[§712‑1209] Solicitation of prostitution near schools or public parks.~~ (1) A person commits the offense of solicitation of prostitution near schools or public parks if, within seven hundred fifty feet of a school or public park, the person offers or agrees to pay a fee to another person to engage in sexual conduct.

~~(2) Solicitation of prostitution near schools or public parks is a misdemeanor.~~

~~(3) For purposes of this section:~~

~~"School" has the same meaning as in section 712-1249.6(6).~~

~~"Sexual conduct" has the same meaning as in section 712‑1200(2).~~"]

SECTION 15. Section 712-1209.5, Hawaii Revised Statutes, is repealed.

["~~[§712‑1209.5] Habitual solicitation of prostitution.~~ (1) A person commits the offense of habitual solicitation of prostitution if the person is a habitual prostitution offender and pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct.

(2) For the purposes of this section, a person has the status of a "habitual prostitution offender" if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:

~~(a)~~ ~~Prostitution, in violation of section 712-1200(1)(b);~~

~~(b)~~ ~~Street solicitation of prostitution, in violation of section 712-1207(1)(b);~~

~~(c)~~ ~~Habitual solicitation of prostitution, in violation of this section;~~

~~(d)~~ ~~An offense of any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or~~

~~(e)~~ ~~Any combination of the offenses in paragraph (a), (b), (c), or (d).~~

A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions must have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction must not have been expunged by pardon, reversed, or set aside.

~~(3) Habitual solicitation of prostitution is a class C felony.~~"]

SECTION 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	783
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII