Hawaii 2022 Regular Session

Hawaii House Bill HB695 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. 695 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to human trafficking. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 695
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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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 human trafficking.
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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. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . center to combat human trafficking "§28- Center to combat human trafficking. (a) There is established within the department of the attorney general a program to be known as the center to combat human trafficking to assist in the implementation of federal and state laws relating to human trafficking. (b) The department shall oversee programs to coordinate the efforts of state and county agencies with those of federal agencies in locating, recovering, and protecting victims of human trafficking and promote community awareness of the problem of human trafficking. (c) The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator who shall coordinate existing public and private resources and further define and develop, to the extent of available resources, the most appropriate system for addressing the problem of human trafficking, which may include the following: (1) A communication network among state and county law enforcement agencies and the National Crime Information Center in Washington, D.C.; (2) A standardized reporting system in all counties developed in conjunction with federal, state, and county law enforcement officials; (3) Assistance in the establishment of trained teams that can be activated in each county; (4) Educational programs designed to prevent child abduction, enhance child safety, and raise public awareness about ways to prevent child abduction, molestation, sexual exploitation, and human trafficking; (5) A directory of resources to assist in locating victims of human trafficking, including names, addresses, and services provided by public and private organizations; and (6) A statewide centralized, uniform, and computerized information database relating to human trafficking." SECTION 2. Section 712-1202, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "(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, 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.] the state of mind requirement for this offense is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstance that the victim was a minor." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the center to combat human trafficking established pursuant to section 1 of this Act. The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act. SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval; provided that section 1 of this Act shall take effect on July 1, 2021. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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51	51	"Part .
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53	53	center to combat human trafficking
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55	55	"§28- Center to combat human trafficking. (a) There is established within the department of the attorney general a program to be known as the center to combat human trafficking to assist in the implementation of federal and state laws relating to human trafficking.
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57	57	(b) The department shall oversee programs to coordinate the efforts of state and county agencies with those of federal agencies in locating, recovering, and protecting victims of human trafficking and promote community awareness of the problem of human trafficking.
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59	59	(c) The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator who shall coordinate existing public and private resources and further define and develop, to the extent of available resources, the most appropriate system for addressing the problem of human trafficking, which may include the following:
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61	61	(1) A communication network among state and county law enforcement agencies and the National Crime Information Center in Washington, D.C.;
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63	63	(2) A standardized reporting system in all counties developed in conjunction with federal, state, and county law enforcement officials;
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65	65	(3) Assistance in the establishment of trained teams that can be activated in each county;
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67	67	(4) Educational programs designed to prevent child abduction, enhance child safety, and raise public awareness about ways to prevent child abduction, molestation, sexual exploitation, and human trafficking;
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69	69	(5) A directory of resources to assist in locating victims of human trafficking, including names, addresses, and services provided by public and private organizations; and
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71	71	(6) A statewide centralized, uniform, and computerized information database relating to human trafficking."
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73	73	SECTION 2. Section 712-1202, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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75	75	"(1) A person commits the offense of sex trafficking if the person knowingly:
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77	77	(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another; or
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79	79	(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.] the state of mind requirement for this offense is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstance that the victim was a minor."
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81	81	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the center to combat human trafficking established pursuant to section 1 of this Act.
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83	83	The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
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85	85	SECTION 4. 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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87	87	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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89	89	SECTION 6. This Act shall take effect upon its approval; provided that section 1 of this Act shall take effect on July 1, 2021.
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93	93	INTRODUCED BY: _____________________________
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95	95	INTRODUCED BY:
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103	103	Report Title: Human Trafficking; Center to Combat Human Trafficking; Attorney General; Sex Trafficking; Minors; Appropriation Description: Establishes the center to combat human trafficking, including a centralized database, within the department of the attorney general. Makes the solicitation of a minor for sex a strict liability offense of sex trafficking. Appropriates funds for the establishment of the center to combat human 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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109	109	Report Title:
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111	111	Human Trafficking; Center to Combat Human Trafficking; Attorney General; Sex Trafficking; Minors; Appropriation
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115	115	Description:
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117	117	Establishes the center to combat human trafficking, including a centralized database, within the department of the attorney general. Makes the solicitation of a minor for sex a strict liability offense of sex trafficking. Appropriates funds for the establishment of the center to combat human trafficking.
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125	125	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.