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HI SB2193

Bill

Official Source

Status

Engrossed

3/8/2016

Primary Sponsor

William Espero

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Defines "person in custody" in sexual assault statutes to include any person stopped by or under the control of a law enforcement officer for official purposes, explicitly including traffic stops.

  • Amends Hawaii Revised Statutes section 707-731 (sexual assault in the second degree) to clarify that law enforcement officers are prohibited from knowingly subjecting a person in custody to sexual penetration.

  • Amends Hawaii Revised Statutes section 707-732 (sexual assault in the third degree) to clarify that law enforcement officers are prohibited from knowingly subjecting a person in custody to sexual contact.

  • Specifies that "person in custody" includes individuals in the process of providing identification, license, or registration during a traffic stop.

  • Becomes effective upon approval and does not affect rights, duties, or proceedings that began before the effective date.

Legislative Description

Public Safety; Law Enforcement Officers; Custody; Sexual Assault in the Second Degree and Third Degree

Last Action

Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Kawakami, Kobayashi, Kong, Luke, Pouha, Rhoads excused (6).

3/22/2016

Committee Referrals

Judiciary3/22/2016
Public Safety3/10/2016
Judiciary and Labor2/11/2016
Public Safety, Intergovernmental and Military Affairs1/22/2016

Full Bill Text

No bill text available