REPORT TITLE:
Privacy


DESCRIPTION:
Makes it a class C felony to take sexual photographs or
videotapes of a person without consent and when the person
expects privacy; makes it a misdemeanor to possess such
materials; prohibits concealing a minor who is a runaway; removes
administrative cap imposed on the crime victim compensation
commission. (HB955 SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        955
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              Part I.
 
 2      SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to be appropriately designated and to
 
 4 read as follows:
 
 5      "§711-     Violation of privacy in the first degree.  (1)  A
 
 6 person commits the offense of violation of privacy in the first
 
 7 degree if, except in the execution of a public duty or as
 
 8 authorized by law, the person intentionally installs in any
 
 9 private place, without consent of the person or persons entitled
 
10 to privacy therein, any device for observing, photographing,
 
11 videotaping, filming, recording, amplifying, or broadcasting
 
12 another person in a stage of undress or sexual activity in that
 
13 place, or uses any such unauthorized installation.
 
14      (2)  Violation of privacy in the first degree is a class C
 
15 felony."
 
16      SECTION 2.  Section 711-1111, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§711-1111  Violation of privacy in the second degree.(1)
 
19 A person commits the offense of violation of privacy in the
 

 
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 1 second degree if, except in the execution of a public duty or as
 
 2 authorized by law, the person intentionally:
 
 3      (a)  Trespasses on property for the purpose of subjecting
 
 4           anyone to eavesdropping or other surveillance in a
 
 5           private place; or 
 
 6      (b)  Installs in any private place, without consent of the
 
 7           person or persons entitled to privacy therein, any
 
 8           device for observing, photographing, videotaping,
 
 9           filming, recording, amplifying, or broadcasting sounds
 
10           or events in that place, or uses any such unauthorized
 
11           installation; or 
 
12      (c)  Installs or uses outside a private place any device for
 
13           hearing, recording, amplifying, or broadcasting sounds
 
14           originating in that place which would not ordinarily be
 
15           audible or comprehensible outside, without the consent
 
16           of the person or persons entitled to privacy therein;
 
17           or 
 
18      (d)  Intercepts, without the consent of the sender or
 
19           receiver, a message by telephone, telegraph, letter,
 
20           electronic transmission, or other means of
 
21           communicating privately; but this subsection does not
 
22           apply to: 
 

 
 
 
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 1           (i)  Overhearing of messages through a regularly
 
 2                installed instrument on a telephone party line or
 
 3                an extension; or 
 
 4          (ii)  Interception by the telephone company, electronic
 
 5                mail account provider, or telephone or electronic
 
 6                mail subscriber incident to enforcement of
 
 7                regulations limiting use of the facilities or
 
 8                incident to other operation and use; or 
 
 9      (e)  Divulges without the consent of the sender or the
 
10           receiver the existence or contents of any message by
 
11           telephone, telegraph, letter, electronic transmission,
 
12           or other means of communicating privately, if the
 
13           accused knows that the message was unlawfully
 
14           intercepted, or if the accused learned of the message
 
15           in the course of employment with an agency engaged in
 
16           transmitting it. 
 
17      (f)  Knowingly possesses materials created under
 
18           circumstances prohibited in section 711-   .
 
19      (2)  Violation of privacy in the second degree is a
 
20 misdemeanor."
 
21      SECTION 3.  Section 707-727, Hawaii Revised Statutes, is
 
22 amended by amending subsection (1) to read as follows:
 
23      "(1)  A person commits the offense of custodial interference
 
24 in the second degree if:
 

 
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 1      (a)  The person intentionally or knowingly takes, entices,
 
 2           conceals, or detains a minor knowing that the person
 
 3           has no right to do so; or
 
 4      (b)  The person intentionally or knowingly takes, entices,
 
 5           conceals, or detains from lawful custody any
 
 6           incompetent person, or other person entrusted by
 
 7           authority of law to the custody of another person or an
 
 8           institution.
 
 9      (c)  The person, with the intent to hinder the apprehension
 
10           of a minor eleven years old or more who has been
 
11           reported as a runaway, conceals the minor."
 
12                             Part II.
 
13      SECTION 4.  The primary purpose of this Part is to maintain
 
14 support for the crime victim compensation commission until it is
 
15 self-sufficient and independent of state appropriations.  In
 
16 working towards self-sufficiency, the commission must be given
 
17 three to five years to build its revenues.  California's crime
 
18 victim board is an example of a program that came from being
 
19 millions of dollars in debt to being able to provide rebates in
 
20 the form of monetary incentives to the judiciary and corrections.
 
21 Across the nation, twenty-nine states are able to maintain self-
 
22 sufficiency through a system of compensation fees, civil
 
23 recoveries, and restitution and are not dependent on general fund
 
24 appropriations.  Of the remaining twenty-one states, twelve fund
 

 
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 1 their programs through general fund appropriations, a federal
 
 2 grant, and offender assessments and nine are funded by general
 
 3 fund appropriations and a federal grant.  During the first six
 
 4 months of implementation, the commission received $105,000 in
 
 5 revenues.  This is far short of the resources needed to operate
 
 6 an effective program.
 
 7      SECTION 5.  Section 351-62.5, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (d) to read as follows:
 
 9      "(d)  Funds received pursuant to section 354D-12(b)(1) and
 
10 amounts received pursuant to sections 351-35, 351-62.6, 351-63,
 
11 and 706-605 shall be deposited into the crime victim compensation
 
12 special fund.  Moneys received shall be used for compensation
 
13 payments [and] ,operating expenses, [of which not more than
 
14 thirty per cent shall be used for operating expenses and to fund]
 
15 salaries of positions as authorized by the legislature[.] , and
 
16 collection of fees. The commission may enter into memorandums of
 
17 agreement with the judiciary for the collection of fees by the
 
18 judiciary; provided that no funds shall be deposited by the
 
19 judiciary into the crime victim compensation special fund until
 
20 collected."
 

 
 
 
 
 
 
 
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 1                             Part III.
 
 2      SECTION 6.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 7.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 8.  This Act shall take effect upon its approval;
 
 8 provided that Section 5 shall take effect on July 1, 1999, and
 
 9 shall be repealed on July 1, 2001.