HB 250 Summary

• Clarifies that sexual assault in the second degree (HRS 707-731) includes a law enforcement officer knowingly subjecting to sexual penetration a person who is stopped by or accompanied by a law enforcement officer for official purposes, including during traffic stops.

• Clarifies that sexual assault in the third degree (HRS 707-732) includes a law enforcement officer knowingly subjecting to sexual contact a person who is stopped by or accompanied by a law enforcement officer for official purposes.

• Adds an exception allowing law enforcement officers to perform lawful searches pursuant to a warrant or an exception to the warrant clause without violating the sexual assault prohibitions.

• Addresses a prior case where a Honolulu police officer's indictment for sexual assault was dismissed due to the court finding that "custody" did not include a traffic stop situation.

• Effective upon approval with no retroactive application to rights, duties, or proceedings that existed before the Act's effective date.