REPORT TITLE:
Street Prostitution; Wahiawa


DESCRIPTION:
Prohibits the street solicitation of prostitution in the area in
Wahiawa bounded by Kamehameha highway, Kilani avenue, Mango
street, California avenue, Avocado street, and Olive street.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2977
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



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

 1      SECTION 1.  The legislature finds that military personnel
 
 2 and their dependents constitute thirteen per cent of the State's
 
 3 total population.  The military is the fourth largest employer in
 
 4 Hawaii, generates fifteen per cent of the State's gross product,
 
 5 and brings a payroll to the islands worth $2,720,000,000.
 
 6 According to the department of business, economic development,
 
 7 and tourism, the military's measurable annual contributions to
 
 8 the State's economy is an estimated $5,000,000,000.  The
 
 9 contribution to Hawaii's total tax revenue by military personnel
 
10 and their dependents is approximately $640,000,000, or one-fifth
 
11 of the total tax revenue.
 
12      The legislature also finds that the level of prostitution in
 
13 Wahiawa has become intolerable.  Military personnel and their
 
14 dependents, as well as their local neighbors, are unable to walk
 
15 down the streets of Wahiawa without being repeatedly accosted for
 
16 the purposes of selling sex.  Moreover, a high level of
 
17 prostitution--similar to that observed around the Schofield
 
18 Barracks Military Reservation--is nearly always associated with
 
19 other criminal activities such as theft, robbery, assault, and
 

 
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 1 drug abuse.  These activities are abhorrent to military and local
 
 2 families alike.  Efforts by the Honolulu police department to
 
 3 crack down on prostitution and other criminal activity in the
 
 4 Wahiawa area have had limited effect.
 
 5      The legislature declares that more stringent measures are
 
 6 necessary to ensure that the Wahiawa community is fit for
 
 7 military and local families, and to protect the health, safety,
 
 8 and welfare of military and local families.  Consequently, this
 
 9 Act prohibits the street solicitation of prostitution in the area
 
10 in Wahiawa bounded by Kamehameha highway, Kilani avenue, Mango
 
11 street, California avenue, Avocado street, and Olive street.
 
12      SECTION 2.  Section 712-1207, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]712-1207[]]  Street solicitation of prostitution.(1)
 
15 It shall be unlawful for any person within the boundaries of
 
16 Waikiki or Wahiawa and while on a public street or sidewalk to
 
17 offer or agree to engage in sexual conduct with another person in
 
18 return for a fee.
 
19      (2)  Notwithstanding any law to the contrary, any person
 
20 violating this section shall be guilty of a petty misdemeanor and
 
21 shall be sentenced to a mandatory minimum term of thirty days
 
22 imprisonment.  The term of imprisonment shall be imposed
 
23 immediately, regardless of whether the defendant appeals the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 conviction, except as provided in subsection (3).
 
 2      (3)  As an option to the mandatory minimum term of thirty
 
 3 days imprisonment, if the court finds the option is warranted
 
 4 based upon the defendant's record, the court may place the
 
 5 defendant on probation for a period not to exceed one year,
 
 6 subject to the mandatory condition that the defendant observe
 
 7 geographic restrictions that prohibit the defendant from entering
 
 8 or walking along the public streets or sidewalks of Waikiki or
 
 9 Wahiawa during the hours from 6 p.m. to 6 a.m.  Upon any
 
10 violation of the geographic restrictions by the defendant, the
 
11 court, after hearing, shall revoke the defendant's probation and
 
12 immediately impose the mandatory minimum thirty-day term of
 
13 imprisonment.
 
14      (4)  Any person charged under this section may be admitted
 
15 to bail, pursuant to section 804-4, subject to the mandatory
 
16 condition that the person observe geographic restrictions that
 
17 prohibit the defendant from entering or walking along the public
 
18 streets or sidewalks of Waikiki or Wahiawa during the hours from
 
19 6 p.m. to 6 a.m.  Notwithstanding any other provision of law to
 
20 the contrary, any person who violates these bail restrictions
 
21 shall have the person's bail revoked after hearing and shall be
 
22 imprisoned forthwith.
 
23      (5)  For purposes of this section:
 

 
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 1      "Sexual conduct" has the same meaning as in section
 
 2 712-1200(2).
 
 3      "Wahiawa" means that area of Oahu bounded by Kamehameha
 
 4 highway, Kilani avenue, Mango street, California avenue, Avocado
 
 5 street, and Olive street.
 
 6      "Waikiki" means that area of Oahu bounded by the Ala Wai
 
 7 canal, the ocean, and Kapahulu avenue.
 
 8      (6)  This section shall apply to all counties; provided that
 
 9 if a county enacts an ordinance to regulate street solicitation
 
10 for prostitution, the county ordinance shall supersede this
 
11 section and no person shall be convicted under this section in
 
12 that county."
 
13      SECTION 3.  Section 804-4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  If the charge is for an offense for which bail is
 
16 allowable under section 804-3, the defendant may be admitted to
 
17 bail before conviction as a matter of right; provided that bail
 
18 shall be allowed for any person charged under section 712-1207
 
19 only subject to the mandatory condition that the person observe
 
20 geographic restrictions that prohibit the defendant from entering
 
21 or walking along the public streets or sidewalks of Waikiki or
 
22 Wahiawa during the hours from 6 p.m. to 6 a.m.  The right to bail
 
23 shall continue after conviction of a misdemeanor, petty
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 misdemeanor, or violation, and release on bail may continue, in
 
 2 the discretion of the court, after conviction of a felony until
 
 3 the final determination of any motion for a new trial, appeal,
 
 4 habeas corpus, or other proceedings that are made, taken, issued,
 
 5 or allowed for the purpose of securing a review of the rulings,
 
 6 verdict, judgment, sentence, or other proceedings of any court or
 
 7 jury in or by which the defendant has been arraigned, tried,
 
 8 convicted, or sentenced; provided that:
 
 9      (1)  No bail shall be allowed after conviction and prior to
 
10           sentencing in cases where bail was not available under
 
11           section 804-3, or where bail was denied or revoked
 
12           before conviction;
 
13      (2)  No bail shall be allowed pending appeal of a felony
 
14           conviction where a sentence of imprisonment has been
 
15           imposed; and
 
16      (3)  No bail shall be allowed pending appeal of a conviction
 
17           for a violation of section 712-1207, unless the court
 
18           finds, based on the defendant's record, that the
 
19           defendant may be admitted to bail subject to the
 
20           mandatory condition that the person observe geographic
 
21           restrictions that prohibit the defendant from entering
 
22           or walking along the public streets or sidewalks of
 
23           Waikiki or Wahiawa during the hours from 6 p.m. to 6
 

 
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 1           a.m.
 
 2 Notwithstanding any other provision of law to the contrary, any
 
 3 person who violates these bail restrictions shall have the
 
 4 person's bail revoked after hearing and shall be imprisoned
 
 5 forthwith."
 
 6      SECTION 4.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 5.  If any provision of this Act, or the application
 
10 thereof to any person or circumstance is held invalid, the
 
11 invalidity does not affect other provisions or applications of
 
12 the Act which can be given effect without the invalid provision
 
13 or application, and to this end the provisions of this Act are
 
14 severable.
 
15      SECTION 6.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 7.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:_________________________