Hawaii Senate Bill SB2089

Hawaii 2022 Regular Session

• Introduced: 1/19/22
• Refer: 1/21/22
• Report Pass: 2/18/22
• Refer: 2/18/22
• Report Pass: 3/4/22
• Engrossed: 3/8/22
• Refer: 3/10/22
• Enrolled: 3/21/22

Caption

Proposing An Amendment To Article I, Section 25, Of The Hawaii Constitution Regarding Crimes Against Minors.

Impact

If enacted, this amendment would empower the state legislature to define what constitutes a continuing course of conduct in cases of continuous sexual assault against minors. Additionally, it would allow the legislature to establish the requirements for jury unanimity in these cases, addressing difficulties associated with proving such crimes transparently. The broader definition aims to facilitate legal processes, especially in instances where child victims may struggle to remember specific incidents of abuse.

Summary

Senate Bill 2089 proposes an amendment to Article I, Section 25 of the Hawaii Constitution, expanding the definition of continuous sexual assault crimes against minors. The amendment aims to increase the upper age limit from fourteen to sixteen years, thereby including a broader age group under protective legal measures. It builds upon previous legislative efforts to effectively address crimes against minors, which have faced challenges in prosecution due to a lack of clear definitions and inconsistency in jury instructions.

Sentiment

The sentiment surrounding SB 2089 appears to be generally supportive among lawmakers, particularly those focused on child protection and advocacy against sexual crimes. However, historical context shows that similar attempts to legislate on this matter have faced judicial challenges. The overarching sentiment reflects a strong desire to close loopholes that have previously hampered the prosecution of offenders, as evidenced by past interventions by the Hawaii Supreme Court.

Contention

Notable points of contention may arise concerning the balance between legislative authority and judicial interpretation. While supporters emphasize the need for a clearer legal framework to protect minors, adversaries might argue the potential impacts of expanding the parameters of sexual assault laws, including implications for civil liberties and the rights of accused individuals. The amendment's inherent complexity suggests ongoing discussions regarding the best means to achieve justice while ensuring protections for all parties involved.