Hawaii 2022 Regular Session

Hawaii Senate Bill SB2868 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2868 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to prostitution. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2868
4	4	THIRTY-FIRST LEGISLATURE, 2022
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2868
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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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 prostitution.
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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. The legislature finds that language used to describe advancing prostitution that was written in a context aimed at protecting prostitutes from abuse is overly broad. Clarifying the language will ensure laws aimed at ending abuse and harms are not applied to persons offering help or assistance in reducing the harms and dangers that may occur relating to prostitution. The purpose of this Act is to exclude persons reducing the harms and dangers of prostitution from the definition of "advancing prostitution". SECTION 2. Section 712-1201, Hawaii Revised Statutes, is amended to read as follows: "§712-1201 Advancing prostitution; profiting from prostitution; definition of terms. In sections 712-1202 and 712-1203: (1) A person "advances prostitution" if the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution; provided that a person does not "advance prostitution" if the conduct is designed to help or assist in reducing the harms and dangers of prostitution; (2) A person "profits from prostitution" if the person accepts or receives money, anything of value, or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity; and (3) The definitions in subsections (1) and (2) shall not include those engaged in conduct outlined in section 712-1200 as the prostituted person or section 712‑1200.5 as the person engaged in commercial sexual exploitation." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that language used to describe advancing prostitution that was written in a context aimed at protecting prostitutes from abuse is overly broad. Clarifying the language will ensure laws aimed at ending abuse and harms are not applied to persons offering help or assistance in reducing the harms and dangers that may occur relating to prostitution.
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51	51	The purpose of this Act is to exclude persons reducing the harms and dangers of prostitution from the definition of "advancing prostitution".
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53	53	SECTION 2. Section 712-1201, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§712-1201 Advancing prostitution; profiting from prostitution; definition of terms. In sections 712-1202 and 712-1203:
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57	57	(1) A person "advances prostitution" if the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution; provided that a person does not "advance prostitution" if the conduct is designed to help or assist in reducing the harms and dangers of prostitution;
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59	59	(2) A person "profits from prostitution" if the person accepts or receives money, anything of value, or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity; and
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61	61	(3) The definitions in subsections (1) and (2) shall not include those engaged in conduct outlined in section 712-1200 as the prostituted person or section 712‑1200.5 as the person engaged in commercial sexual exploitation."
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63	63	SECTION 3. New statutory material is underscored.
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65	65	SECTION 4. This Act shall take effect upon its approval.
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69	69	INTRODUCED BY: _____________________________
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71	71	INTRODUCED BY:
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73	73	_____________________________
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79	79	Report Title: Advancing Prostitution; Definition; Abuse; Harm Description: Excludes persons who help to mitigate the harm and dangers of prostitution from the definition of "advancing prostitution". 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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87	87	Advancing Prostitution; Definition; Abuse; Harm
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91	91	Description:
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93	93	Excludes persons who help to mitigate the harm and dangers of prostitution from the definition of "advancing prostitution".
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101	101	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.