Report Title:

Sexual Assault; Date Rape Drugs

Description:

Amends the definition of "strong compulsion" to include the use or attempt to use a controlled substance to overcome a person.

HOUSE OF REPRESENTATIVES

H.B. NO.

3224

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO sexual assault.

 

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

SECTION 1. Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "strong compulsion" to read as follows:

""Strong compulsion" means the use of or attempt to use one or more of the following to overcome a person:

(1) A threat, express or implied, that places a person in fear of bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped;

(2) A dangerous instrument; [or]

(3) Physical force[.]; or

(4) A controlled substance, as defined in section 329-1, including, but not limited to, gamma hydroxybutyrate (GHB) or flunitrazepam (rohypnol or "roofies")."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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