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HI HB2099
Bill
Status
1/25/2016
Primary Sponsor
Joseph Souki
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AI Summary
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Defines "person in custody" in Hawaii's sexual assault laws to explicitly include individuals stopped by or under the control of a law enforcement officer for official purposes, including traffic stops.
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Amends sections 707-731 (sexual assault in the second degree) and 707-732 (sexual assault in the third degree) to clarify that law enforcement officers are prohibited from knowingly subjecting persons in custody to sexual penetration or sexual contact.
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Specifies that "person in custody" includes but is not limited to persons stopped for traffic stops or in the process of providing identification, license, or registration during a traffic stop.
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Maintains exceptions allowing practitioners licensed under chapters 453 or 455 to perform lawful acts within their professions and allowing law enforcement officers to conduct lawful searches pursuant to warrants or warrant exceptions.
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Takes effect on January 1, 2050.
Legislative Description
Public Safety; Law Enforcement Officers; Custody; Sexual Assault in the Second Degree and Third Degree
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and none excused (0).
2/17/2016