HOUSE OF REPRESENTATIVES H.B. NO. 1465 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 25, OF THE HAWAII CONSTITUTION REGARDING CRIMES AGAINST MINORS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 1465
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
HOUSE OF REPRESENTATIVES
H.B. NO.
1465
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE I, SECTION 25, OF THE HAWAII CONSTITUTION REGARDING CRIMES AGAINST MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to propose an amendment to article I, section 25, of the Constitution of the State of Hawaii to provide that the legislature may define what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than sixteen years of age; what behavior constitutes a continuing course of conduct in continuous abuse of a minor younger than sixteen years of age; and what constitutes the jury unanimity that is required for a conviction under these two charges. In 2006, Hawaii voters authorized the legislature to define what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than fourteen years of age. This authority was needed to address the difficulty in prosecuting those persons who repeatedly sexually assault a child, given the difficulty that children have in remembering the individual dates on which they were sexually assaulted. The amendment proposed by this Act would allow the legislature to enact a law that would permit juries to convict a person of the continuous abuse of a minor younger than sixteen years of age, if each member of the jury were convinced beyond a reasonable doubt that the defendant had abused the child the required number of times, such as three, even if there was not unanimity as to which individual incidents constitute the requisite number. This change in the law would make it easier to prosecute those persons who repeatedly abuse a child. In 1997, the legislature passed a law to prohibit continuous sexual assault of a minor under the age of fourteen years, but that law was invalidated by the Hawaii supreme court. A constitutional amendment similar to this proposed amendment was passed by voters in 2004 but was invalidated by the Hawaii supreme court; the present version of article I, section 25, of the Constitution of the State of Hawaii was passed by voters in 2006. The amendment proposed by this Act would allow the legislature to expand the offense to include continuous sexual assault of a minor under the age of sixteen years, from the existing statutory age of fourteen years. This change would be consistent with the age at which minors may legally consent to sexual conduct, with the provision that it is not an offense if the minor is at least fourteen years old but less than sixteen years old, and the other person is less than five years older than the minor or legally married to the minor. SECTION 2. Article I, section 25, of the Constitution of the State of Hawaii is amended to read as follows: "[SEXUAL ASSAULT] CRIMES AGAINST MINORS Section [[]25[]]. In continuous abuse crimes against minors younger than sixteen years of age or continuous sexual assault crimes against minors younger than [fourteen] sixteen years of age, the legislature may define: 1. What behavior constitutes a continuing course of conduct; and 2. What constitutes the jury unanimity that is required for a conviction." SECTION 3. The question to be printed on the ballot shall be as follows: "Shall the Constitution of the State of Hawaii be amended to provide that with regard to continuous abuse of minors younger than sixteen years of age or continuous sexual assault of minors younger than sixteen years of age, the legislature may define: (1) What behavior constitutes a continuing course of conduct; and (2) What constitutes the jury unanimity that is required for a conviction?" SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored. SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii. INTRODUCED BY: _____________________________ By Request
SECTION 1. The purpose of this Act is to propose an amendment to article I, section 25, of the Constitution of the State of Hawaii to provide that the legislature may define what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than sixteen years of age; what behavior constitutes a continuing course of conduct in continuous abuse of a minor younger than sixteen years of age; and what constitutes the jury unanimity that is required for a conviction under these two charges.
In 2006, Hawaii voters authorized the legislature to define what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than fourteen years of age. This authority was needed to address the difficulty in prosecuting those persons who repeatedly sexually assault a child, given the difficulty that children have in remembering the individual dates on which they were sexually assaulted. The amendment proposed by this Act would allow the legislature to enact a law that would permit juries to convict a person of the continuous abuse of a minor younger than sixteen years of age, if each member of the jury were convinced beyond a reasonable doubt that the defendant had abused the child the required number of times, such as three, even if there was not unanimity as to which individual incidents constitute the requisite number. This change in the law would make it easier to prosecute those persons who repeatedly abuse a child.
In 1997, the legislature passed a law to prohibit continuous sexual assault of a minor under the age of fourteen years, but that law was invalidated by the Hawaii supreme court. A constitutional amendment similar to this proposed amendment was passed by voters in 2004 but was invalidated by the Hawaii supreme court; the present version of article I, section 25, of the Constitution of the State of Hawaii was passed by voters in 2006. The amendment proposed by this Act would allow the legislature to expand the offense to include continuous sexual assault of a minor under the age of sixteen years, from the existing statutory age of fourteen years. This change would be consistent with the age at which minors may legally consent to sexual conduct, with the provision that it is not an offense if the minor is at least fourteen years old but less than sixteen years old, and the other person is less than five years older than the minor or legally married to the minor.
SECTION 2. Article I, section 25, of the Constitution of the State of Hawaii is amended to read as follows:
"[SEXUAL ASSAULT] CRIMES AGAINST MINORS
Section [[]25[]]. In continuous abuse crimes against minors younger than sixteen years of age or continuous sexual assault crimes against minors younger than [fourteen] sixteen years of age, the legislature may define:
1. What behavior constitutes a continuing course of conduct; and
2. What constitutes the jury unanimity that is required for a conviction."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the Constitution of the State of Hawaii be amended to provide that with regard to continuous abuse of minors younger than sixteen years of age or continuous sexual assault of minors younger than sixteen years of age, the legislature may define:
(1) What behavior constitutes a continuing course of conduct; and
(2) What constitutes the jury unanimity that is required for a conviction?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
INTRODUCED BY: _____________________________
By Request
INTRODUCED BY:
_____________________________
By Request
Report Title: Honolulu Prosecuting Attorney's Office Package; Sexual Assault Crimes; Abuse Crimes; Criminal Offenses; Constitutional Amendment Description: Proposes an amendment to Article I, section 25, of the Hawaii Constitution to provide that the Legislature may define: what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than 16 years of age; what behavior constitutes a continuing course of conduct in continuous abuse of a minor younger than 16 years of age; and what constitutes the jury unanimity that is required for a conviction under these 2 charges. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Honolulu Prosecuting Attorney's Office Package; Sexual Assault Crimes; Abuse Crimes; Criminal Offenses; Constitutional Amendment
Description:
Proposes an amendment to Article I, section 25, of the Hawaii Constitution to provide that the Legislature may define: what behavior constitutes a continuing course of conduct in continuous sexual assault crimes against minors younger than 16 years of age; what behavior constitutes a continuing course of conduct in continuous abuse of a minor younger than 16 years of age; and what constitutes the jury unanimity that is required for a conviction under these 2 charges.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.