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HI SB2089
Bill
Status
3/21/2022
Primary Sponsor
Ronald Kouchi
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AI Summary
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Proposes a constitutional amendment to expand the legislature's authority to define elements and jury unanimity requirements for continuous sexual assault crimes against minors from those under 14 years old to those under 16 years old.
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Allows the legislature to define what constitutes a continuing course of conduct and jury unanimity requirements, addressing challenges in prosecuting repeated sexual assault cases where child victims struggle to remember specific dates of individual assaults.
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Aligns the age threshold with Hawaii's age of consent provisions, which permit sexual conduct with minors aged 14-16 if the other person is less than five years older or legally married to the minor.
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Ballot question asks voters: "Shall the Constitution of the State of Hawaii be amended to include within the legislature's present power to define the elements and jury unanimity requirements of the crime of continuous sexual assault of a minor, those minors who are younger than sixteen years of age rather than only those who are younger than fourteen years of age?"
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Takes effect upon compliance with Article XVII, section 3, of the Hawaii Constitution, following voter approval.
Legislative Description
Proposing An Amendment To Article I, Section 25, Of The Hawaii Constitution Regarding Crimes Against Minors.
Constitutional Amendment (ConAm)
Last Action
Notice of bill proposing constitutional amendment transmitted to Governor pursuant to Article XVII, Section 3 (Sen. Com. No. 2).
3/21/2022