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HI SB2181

Bill

Status

Engrossed

2/28/2020

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Removes the requirement to prove knowledge that a victim was mentally defective in sexual assault cases; perpetrators are strictly liable for sexual assault against mentally defective persons under HRS 707-730(1)(d) and 707-732(1)(e).

  • Amends sexual assault in the first degree statute to specify that proof the perpetrator knew the other person was mentally defective is not required for prosecution.

  • Amends sexual assault in the third degree statute to create a separate offense for knowingly subjecting a mentally defective person to sexual contact without requiring proof of knowledge of the victim's mental defectiveness.

  • Updates sex offender registration requirements in HRS 846E-10 to include the new mentally defective-based sexual assault offenses as Tier 3 (lifetime registration) and Tier 1 (potentially eligible for termination after ten years).

  • Effective upon approval; does not affect rights, duties, or proceedings that occurred before the bill's effective date.

Legislative Description

Relating To Sexual Assault.

Honolulu Prosecuting Attorney Package

Last Action

Referred to JUD, FIN, referral sheet 36

3/9/2020

Committee Referrals

Judiciary3/9/2020
Judiciary2/5/2020
Human Services1/21/2020

Full Bill Text

No bill text available