Hawaii 2022 Regular Session

Hawaii House Bill HB175 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 175 THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO SEX TRAFFICKING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 175 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SEX TRAFFICKING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 175
4		-	THIRTY-FIRST LEGISLATURE, 2021 ~~H.D. 1~~
	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		175
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15		-	~~H.D. 1~~
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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 SEX TRAFFICKING.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows: "§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly: (a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or (b) Advances or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently. (2) Sex trafficking is a class A felony. (3) As used in this section: "Coercion" means: (a) Threats of serious harm to or physical restraint against any person; (b) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (c) The abuse or threatened abuse of the legal process. "Fraud" means making material false statements, misstatements, or omissions. "Minor" means a person who is less than eighteen years of age. "Threat" means any of the actions listed in section 707‑764(1)." 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. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
	47	+	SECTION 1. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows: "§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly: (a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or (b) Advances or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently. (2) Sex trafficking is a class A felony. (3) As used in this section: "Coercion" means: (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Fraud" means making material false statements, misstatements, or omissions. "Minor" means a person who is less than eighteen years of age. "Threat" means any of the actions listed in section 707‑764(1)." 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. 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 712-1202, Hawaii Revised Statutes, is amended to read as follows:
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51	51		"§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly:
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53	53		(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or
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55	55		(b) Advances or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently.
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57	57		(2) Sex trafficking is a class A felony.
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59	59		(3) As used in this section:
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61	61		"Coercion" means:
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63		-	(a) Threats of serious harm to or physical restraint against any person;
	63	+	(1) Threats of serious harm to or physical restraint against any person;
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65		-	(b) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
	65	+	(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
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67		-	(c) The abuse or threatened abuse of the legal process.
	67	+	(3) The abuse or threatened abuse of the legal process.
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69	69		"Fraud" means making material false statements, misstatements, or omissions.
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71	71		"Minor" means a person who is less than eighteen years of age.
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73	73		"Threat" means any of the actions listed in section 707‑764(1)."
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75	75		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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77	77		SECTION 3. New statutory material is underscored.
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79	79		SECTION 4. This Act shall take effect upon its approval.
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81		-	Report Title: Honolulu Prosecuting Attorney Package; Sex Trafficking Description: Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking. (HD1) 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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	83	+	INTRODUCED BY: _____________________________
	84	+	By Request
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	86	+	INTRODUCED BY:
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	88	+	_____________________________
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	92	+	By Request
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	94	+	Report Title: Honolulu Prosecuting Attorney Package; Sex Trafficking Description: Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking. 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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85	100		Report Title:
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87	102		Honolulu Prosecuting Attorney Package; Sex Trafficking
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91	106		Description:
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93		-	Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking. ~~(HD1)~~
	108	+	Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking.
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101	116		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.