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HI HB1741
Bill
Status
1/16/2020
Primary Sponsor
Scott Saiki
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AI Summary
HB 1741 Summary
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Amends sexual assault statutes to impose strict liability when the victim is mentally defective, eliminating the requirement to prove the perpetrator knew of the victim's mental defect.
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Modifies section 707-730(1)(d) (first degree sexual assault) to remove the knowledge requirement for cases involving mentally defective persons.
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Modifies section 707-732(1) (third degree sexual assault) by separating mentally defective victims into a new subsection (e) with strict liability, removing the knowledge requirement that previously applied.
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Updates sex offender registration requirements in section 846E-10 to classify these offenses as Tier 1 or Tier 3 offenses based on the victim's status.
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Effective upon approval; does not affect rights, duties, or proceedings that occurred before the act's effective date.
Legislative Description
Relating To Sexual Assault.
Honolulu Prosecuting Attorney Package
Last Action
The committee(s) on JUD recommend(s) that the measure be deferred.
2/10/2020