Hawaii 2023 Regular Session

Hawaii Senate Bill SB259 Compare Versions

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

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1	1	THE SENATE S.B. NO. 259 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to crime. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 259
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	259
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 crime.
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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 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§706- Term of imprisonment for sex trafficking. Notwithstanding section 706-659 and any other law to the contrary, a person who is convicted of sex trafficking under section 712-1202 shall be sentenced to a definite term of imprisonment not exceeding twenty years, to be determined by the court, without the possibility of suspension of sentence, probation, or parole." SECTION 2. 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 prostitution or profits from prostitution of a minor. (2) Sex trafficking is a class A felony[.]; provided that a person convicted under this section shall be sentenced to: (a) Imprisonment, in accordance with section 706- ; and (b) Payment of a fine of no less than $50,000 but no more than $100,000, pursuant to section 706‑640; provided further that the fine shall be credited to the general fund. [(3) As used in this section: "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).] (3) Consent to sexual conduct shall not constitute a defense to prosecution for any offense described in this section. (4) The state of mind requirement for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstances that the victim was a minor. (5) A minor who reports to a law enforcement officer that the minor has been trafficked under this section shall not be subject to any criminal liability; provided that the minor may be charged under section 712-1200 or section 712-1207, as applicable, where the severity of the offense for a minor offender is reduced to a violation. (6) As used in this section: "Fraud" means making material false statements, misstatements, or omissions. "Minor" means a person who is less than eighteen years of age. "Sexual conduct" has the same meaning as in section 712‑1200(2). "Threat" means any of the actions listed in section 707‑764(1)." SECTION 3. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows: "§712-1207 Street prostitution and commercial sexual exploitation; designated areas. (1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to: (a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or (b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct. (2) It shall be unlawful for any person within the boundaries of other areas in this State designated by county ordinance pursuant to subsection (3), and while on any public property to: (a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or (b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct. (3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that: (a) Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or (b) Alters the boundaries of any existing area under paragraph (a); provided that not more than four areas may be designated within the State. (4) Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment[.]; provided that if the person who commits the offense under subsection (1)(a) is a minor, street prostitution is a violation. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (5). (5) As an option to the mandatory term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after hearing, shall revoke the defendant's probation and immediately impose the mandatory thirty-day term of imprisonment. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h). (6) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1. (7) Notwithstanding any other law to the contrary, a police officer, without warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (5) or (6), and the person shall be detained, without bail, until the hearing under the appropriate subsection can be held, which hearing shall be held as soon as reasonably practicable. (8) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1)(a). The minor shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to section 571‑11(1), including for the purposes of custody, detention, diversion, and access to services and resources. [(8)] (9) For purposes of this section: "Area" means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance. "Minor" means a person who is less than eighteen years of age. "Public property" includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public. "Sexual conduct" has the same meaning as in section 712‑1200(2). "Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue. [(9)] (10) This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street prostitution and commercial sexual exploitation, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county." 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. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§706- Term of imprisonment for sex trafficking. Notwithstanding section 706-659 and any other law to the contrary, a person who is convicted of sex trafficking under section 712-1202 shall be sentenced to a definite term of imprisonment not exceeding twenty years, to be determined by the court, without the possibility of suspension of sentence, probation, or parole."
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53	53	SECTION 2. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly:
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57	57	(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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59	59	(b) Advances prostitution or profits from prostitution of a minor.
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61	61	(2) Sex trafficking is a class A felony[.]; provided that a person convicted under this section shall be sentenced to:
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63	63	(a) Imprisonment, in accordance with section 706- ; and
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65	65	(b) Payment of a fine of no less than $50,000 but no more than $100,000, pursuant to section 706‑640; provided further that the fine shall be credited to the general fund.
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67	67	[(3) As used in this section:
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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	(3) Consent to sexual conduct shall not constitute a defense to prosecution for any offense described in this section.
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77	77	(4) The state of mind requirement for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstances that the victim was a minor.
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79	79	(5) A minor who reports to a law enforcement officer that the minor has been trafficked under this section shall not be subject to any criminal liability; provided that the minor may be charged under section 712-1200 or section 712-1207, as applicable, where the severity of the offense for a minor offender is reduced to a violation.
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81	81	(6) As used in this section:
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83	83	"Fraud" means making material false statements, misstatements, or omissions.
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85	85	"Minor" means a person who is less than eighteen years of age.
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87	87	"Sexual conduct" has the same meaning as in section 712‑1200(2).
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89	89	"Threat" means any of the actions listed in section 707‑764(1)."
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91	91	SECTION 3. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows:
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93	93	"§712-1207 Street prostitution and commercial sexual exploitation; designated areas. (1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to:
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95	95	(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
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97	97	(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
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99	99	(2) It shall be unlawful for any person within the boundaries of other areas in this State designated by county ordinance pursuant to subsection (3), and while on any public property to:
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101	101	(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
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103	103	(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
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105	105	(3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:
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107	107	(a) Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or
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109	109	(b) Alters the boundaries of any existing area under paragraph (a);
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111	111	provided that not more than four areas may be designated within the State.
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113	113	(4) Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment[.]; provided that if the person who commits the offense under subsection (1)(a) is a minor, street prostitution is a violation. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (5).
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115	115	(5) As an option to the mandatory term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after hearing, shall revoke the defendant's probation and immediately impose the mandatory thirty-day term of imprisonment. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h).
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117	117	(6) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.
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119	119	(7) Notwithstanding any other law to the contrary, a police officer, without warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (5) or (6), and the person shall be detained, without bail, until the hearing under the appropriate subsection can be held, which hearing shall be held as soon as reasonably practicable.
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121	121	(8) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1)(a). The minor shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to section 571‑11(1), including for the purposes of custody, detention, diversion, and access to services and resources.
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123	123	[(8)] (9) For purposes of this section:
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125	125	"Area" means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance.
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127	127	"Minor" means a person who is less than eighteen years of age.
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129	129	"Public property" includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public.
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131	131	"Sexual conduct" has the same meaning as in section 712‑1200(2).
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133	133	"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.
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135	135	[(9)] (10) This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street prostitution and commercial sexual exploitation, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county."
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137	137	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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139	139	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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141	141	SECTION 6. This Act shall take effect upon its approval.
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145	145	INTRODUCED BY: _____________________________
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147	147	INTRODUCED BY:
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155	155	Report Title: Sex Trafficking; Penalty; Protection of Minors Description: Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $50,000 but no more than $100,000, and a definite term of imprisonment of up to 20 years without the possibility of a suspended sentence, probation, or parole. Provides that consent to sexual conduct is not a defense. Defines "sexual conduct". Provides that a minor who reports that the minor is a victim of sex trafficking shall not be subject to criminal liability. 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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161	161	Report Title:
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163	163	Sex Trafficking; Penalty; Protection of Minors
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167	167	Description:
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169	169	Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $50,000 but no more than $100,000, and a definite term of imprisonment of up to 20 years without the possibility of a suspended sentence, probation, or parole. Provides that consent to sexual conduct is not a defense. Defines "sexual conduct". Provides that a minor who reports that the minor is a victim of sex trafficking shall not be subject to criminal liability.
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177	177	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.