Section 712-1209.6 - Prostitution; motion to vacate conviction(1) A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206(2), street prostitution and commercial sexual exploitation in designated areas under section 712-1207(1)(a) or (2)(a), or convicted of a lesser offense when originally charged with a violation of section 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a), may file a motion to vacate the conviction if the defendant is not subsequently convicted of any offense under the Hawaii Penal Code within three years after the date of the original conviction.(2) The court shall hold a hearing on a motion filed under this section to review the defendant's record over the three years after the date of the original conviction under section 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a) or conviction of a lesser offense when originally charged with a violation of any of those sections, and if the court finds that the defendant has not been convicted of any offense under the Hawaii Penal Code within this three year period, the court shall vacate the conviction.Amended by L 2021, c 68,§ 11, eff. 6/24/2021.Amended by L 2019, c 176,§ 2, eff. 7/2/2019.Amended by L 2016, c 206,§ 16, eff. 7/1/2016.Amended by L 2015, c 35,§ 29, eff. 5/5/2015.Added by L 2012, c 216, § 2, eff. 7/1/2012.COMMENTARY ON § 712-1209.6
Act 216, Session Laws 2012, added this section to: (1) authorize a person convicted of committing the offense of prostitution to file a motion to vacate the conviction under certain circumstances; and (2) establish procedures for the motion to vacate the conviction. The legislature found that human trafficking, consisting of the subjugation, recruitment, harboring, or transportation of people for the purpose of forced labor or services, or commercial sexual exploitation, was one of the fastest growing criminal industries. Act 216 would assist in combating human trafficking by allowing trafficking victims who were forced into prostitution to file a motion to have their prostitution convictions vacated from their records. Conference Committee Report No. 109-12.
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