Hawaii 2022 Regular Session

Hawaii House Bill HB179 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 179 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO VIOLATION OF PRIVACY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 179
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	179
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO VIOLATION OF PRIVACY.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) This chapter shall not apply when: (1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person; (2) The offense charged is: (A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or (B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; provided that the prohibition in this paragraph shall not apply to offenses described in section 709‑906(18); (3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person; (4) The offense charged is a class A felony; (5) The offense charged is nonprobationable; (6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony; (7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony; (8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction; (9) A firearm was used in the commission of the offense charged; (10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor; (11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired; (12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired; (13) The offense charged is: (A) Escape in the first degree; (B) Escape in the second degree; (C) Promoting prison contraband in the first degree; (D) Promoting prison contraband in the second degree; (E) Bail jumping in the first degree; (F) Bail jumping in the second degree; (G) Bribery; (H) Bribery of or by a witness; (I) Intimidating a witness; (J) Bribery of or by a juror; (K) Intimidating a juror; (L) Jury tampering; (M) Promoting prostitution; (N) Abuse of family or household member except as provided in paragraph (2) and section 709‑906(18); (O) Sexual assault in the second degree; (P) Sexual assault in the third degree; (Q) A violation of an order issued pursuant to chapter 586; (R) Promoting child abuse in the second degree; (S) Promoting child abuse in the third degree; (T) Electronic enticement of a child in the first degree; (U) Electronic enticement of a child in the second degree; (V) Prostitution pursuant to section 712-1200(1)(b); (W) Street solicitation of prostitution under section 712-1207(1)(b); (X) Solicitation of prostitution near schools or public parks under section 712-1209; (Y) Habitual solicitation of prostitution under section 712-1209.5; [or] (Z) Solicitation of a minor for prostitution under section 712-1209.1; (AA) Violation of privacy in the first degree under section 711-1110.9; or (BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h); (14) The defendant has been charged with: (A) Knowingly or intentionally falsifying any report required under chapter 11, part XIII with the intent to circumvent the law or deceive the campaign spending commission; or (B) Violating section 11-352 or 11-353; or (15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Section 853-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) This chapter shall not apply when:
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53	53	(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;
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55	55	(2) The offense charged is:
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57	57	(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or
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59	59	(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;
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61	61	provided that the prohibition in this paragraph shall not apply to offenses described in section 709‑906(18);
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63	63	(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;
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65	65	(4) The offense charged is a class A felony;
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67	67	(5) The offense charged is nonprobationable;
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69	69	(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;
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71	71	(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;
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73	73	(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;
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75	75	(9) A firearm was used in the commission of the offense charged;
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77	77	(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;
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79	79	(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;
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81	81	(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;
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83	83	(13) The offense charged is:
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85	85	(A) Escape in the first degree;
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87	87	(B) Escape in the second degree;
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89	89	(C) Promoting prison contraband in the first degree;
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91	91	(D) Promoting prison contraband in the second degree;
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93	93	(E) Bail jumping in the first degree;
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95	95	(F) Bail jumping in the second degree;
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97	97	(G) Bribery;
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99	99	(H) Bribery of or by a witness;
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101	101	(I) Intimidating a witness;
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103	103	(J) Bribery of or by a juror;
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105	105	(K) Intimidating a juror;
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107	107	(L) Jury tampering;
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109	109	(M) Promoting prostitution;
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111	111	(N) Abuse of family or household member except as provided in paragraph (2) and section 709‑906(18);
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113	113	(O) Sexual assault in the second degree;
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115	115	(P) Sexual assault in the third degree;
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117	117	(Q) A violation of an order issued pursuant to chapter 586;
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119	119	(R) Promoting child abuse in the second degree;
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121	121	(S) Promoting child abuse in the third degree;
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123	123	(T) Electronic enticement of a child in the first degree;
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125	125	(U) Electronic enticement of a child in the second degree;
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127	127	(V) Prostitution pursuant to section 712-1200(1)(b);
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129	129	(W) Street solicitation of prostitution under section 712-1207(1)(b);
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131	131	(X) Solicitation of prostitution near schools or public parks under section 712-1209;
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133	133	(Y) Habitual solicitation of prostitution under section 712-1209.5; [or]
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135	135	(Z) Solicitation of a minor for prostitution under section 712-1209.1;
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137	137	(AA) Violation of privacy in the first degree under section 711-1110.9; or
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139	139	(BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);
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141	141	(14) The defendant has been charged with:
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143	143	(A) Knowingly or intentionally falsifying any report required under chapter 11, part XIII with the intent to circumvent the law or deceive the campaign spending commission; or
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145	145	(B) Violating section 11-352 or 11-353; or
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147	147	(15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle."
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149	149	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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151	151	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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153	153	SECTION 4. This Act shall take effect upon its approval.
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157	157	INTRODUCED BY: _____________________________
158	158	By Request
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160	160	INTRODUCED BY:
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162	162	_____________________________
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166	166	By Request
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168	168	Report Title: Honolulu Prosecuting Attorney Package; Violation of Privacy; Penalties Description: Excludes violation of privacy in the first degree, and certain subsections of violation of privacy in the second degree, from qualifying for deferred acceptance of guilty plea or nolo contendere plea. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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174	174	Report Title:
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176	176	Honolulu Prosecuting Attorney Package; Violation of Privacy; Penalties
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180	180	Description:
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182	182	Excludes violation of privacy in the first degree, and certain subsections of violation of privacy in the second degree, from qualifying for deferred acceptance of guilty plea or nolo contendere plea.
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190	190	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.