REPORT TITLE:
Prostitution


DESCRIPTION:
Imposes penalty of 300 days of community service, instead of
present penalty of $500 fine and possibility of imprisonment of
not more than 30 days, for a 1st prostitution offense.  Repeals 4
year ineligibility for expungement provision and provision making
a DAG or DANC plea to prostitution count as a 1st offense.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1608        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROSTITUTION.
 


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

 1      SECTION 1.  Section 706-605, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  Except as provided in parts II and IV of this chapter
 
 4 or in section 706-647 and subsections (2) and (6) of this section
 
 5 and subject to the applicable provisions of this Code, the court
 
 6 may sentence a convicted defendant to one or more of the
 
 7 following dispositions:
 
 8      (a)  To be placed on probation as authorized by part II of
 
 9           this chapter;
 
10      (b)  To pay a fine as authorized by part III and section
 
11           706-624 of this chapter;
 
12      (c)  To be imprisoned for a term as authorized by part IV of
 
13           this chapter;
 
14      (d)  To make restitution in an amount the defendant can
 
15           afford to pay; provided that: the court may order any
 
16           restitution to be paid to victims pursuant to section
 
17           706-646 or to the crime victim compensation special
 
18           fund, in the event that the victim has been given an
 
19           award for compensation under chapter 351; and[,] if the
 

 
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 1           court orders, in addition to restitution, payment of
 
 2           fine in accordance with paragraph (b), the payment of
 
 3           restitution and a compensation fee shall have priority
 
 4           over the payment of the fine[;] and the payment of
 
 5           restitution shall have priority over payment of a
 
 6           compensation fee; [or]
 
 7      (e)  To perform services for the community under the
 
 8           supervision of a governmental agency or benevolent or
 
 9           charitable organization or other community service
 
10           group or appropriate supervisor; provided that the
 
11           convicted person who performs such services shall not
 
12           be deemed to be an employee of the governmental agency
 
13           or assigned work site for any purpose.  All persons
 
14           sentenced to perform community service shall be
 
15           screened and assessed for appropriate placement by a
 
16           governmental agency coordinating public service work
 
17           placement as a condition of sentence[.]; or
 
18      (f)  To perform not less than three hundred days of services
 
19           for the community under the supervision of a
 
20           governmental agency; provided that the convicted person
 
21           who performs such services shall not be deemed to be an
 
22           employee of the governmental agency or assigned work
 
23           site for any purpose.  All persons sentenced to perform
 

 
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 1           community service shall be screened and assessed for
 
 2           appropriate placement by a governmental agency
 
 3           coordinating public service work placement as a
 
 4           condition of sentence."
 
 5      SECTION 2.  Section 712-1200, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (4) to read as follows:
 
 7      "(4)  A person convicted of committing the offense of
 
 8 prostitution shall be sentenced as follows:
 
 9      (a)  For the first offense, [when the court has not deferred
 
10           further proceedings pursuant to chapter 853, a
 
11           mandatory fine of $500 and the person may be sentenced
 
12           to a term of imprisonment of not more than thirty days
 
13           or probation; provided that in the event the convicted
 
14           person defaults in payment of the $500 fine, and the
 
15           default was not contumacious,] the court [may] shall
 
16           sentence the person to perform services for the
 
17           community as authorized by section [706-605(1).]
 
18           706-605(1)(f).
 
19      (b)  For any subsequent offense, a mandatory fine of $500
 
20           and a term of imprisonment of thirty days or probation,
 
21           without possibility of deferral of further proceedings
 
22           pursuant to chapter 853 and without possibility of
 
23           suspension of sentence.
 

 
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 1      (c)  [For the purpose of this subsection, if the court has
 
 2           deferred further proceedings pursuant to chapter 853,
 
 3           and notwithstanding any provision of chapter 853 to the
 
 4           contrary, the defendant shall not be eligible to apply
 
 5           for expungement pursuant to section 831-3.2 until four
 
 6           years following discharge.  A plea previously entered
 
 7           by a defendant under section 853-1 for a violation of
 
 8           this section shall be considered a prior offense.]
 
 9           When the court has ordered a sentence of probation, the
 
10           court may impose as a condition of probation that the
 
11           defendant complete a course of prostitution
 
12           intervention classes; provided that the court may only
 
13           impose such condition for one term of probation."
 
14      SECTION 3.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 4.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:_________________________