Hawaii 2024 Regular Session

Hawaii House Bill HB1437 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. 1437 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 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	HOUSE OF REPRESENTATIVES H.B. NO. 1437
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
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	1437
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	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 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 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 712-1200, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows: "(3) Prostitution is a petty misdemeanor; provided that if the person who commits the offense under subsection (1) is a minor, prostitution is a violation[.]; provided further that if the person who commits the offense under subsection (1) reports to a law enforcement officer that the person has been trafficked under section 712-1202, the person shall not be subject to any criminal liability under this section." SECTION 3. 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 as follows: (a) Imprisonment, in accordance with section 706- ; and (b) Payment of a fine of no less than $200,000 but no more than $500,000, pursuant to section 706‑640, to be deposited into 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) 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 4. 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. 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 person who reports to a law enforcement officer that the person has been trafficked under section 712-1202 shall not be subject to any criminal liability under this section. [(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. "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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on June 30, 3000.
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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 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 712-1200, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
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55	55	"(3) Prostitution is a petty misdemeanor; provided that if the person who commits the offense under subsection (1) is a minor, prostitution is a violation[.]; provided further that if the person who commits the offense under subsection (1) reports to a law enforcement officer that the person has been trafficked under section 712-1202, the person shall not be subject to any criminal liability under this section."
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57	57	SECTION 3. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:
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59	59	"§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly:
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61	61	(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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63	63	(b) Advances prostitution or profits from prostitution of a minor.
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65	65	(2) Sex trafficking is a class A felony[.]; provided that a person convicted under this section shall be sentenced as follows:
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67	67	(a) Imprisonment, in accordance with section 706- ; and
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69	69	(b) Payment of a fine of no less than $200,000 but no more than $500,000, pursuant to section 706‑640, to be deposited into the general fund.
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71	71	[(3) As used in this section:
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73	73	"Fraud" means making material false statements, misstatements, or omissions.
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75	75	"Minor" means a person who is less than eighteen years of age.
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77	77	"Threat" means any of the actions listed in section 707‑764(1).]
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79	79	(3) Consent to sexual conduct shall not constitute a defense to prosecution for any offense described in this section.
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81	81	(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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83	83	(5) As used in this section:
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85	85	"Fraud" means making material false statements, misstatements, or omissions.
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87	87	"Minor" means a person who is less than eighteen years of age.
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89	89	"Sexual conduct" has the same meaning as in section 712‑1200(2).
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91	91	"Threat" means any of the actions listed in section 707‑764(1)."
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93	93	SECTION 4. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows:
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95	95	"§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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97	97	(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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99	99	(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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101	101	(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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103	103	(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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105	105	(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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107	107	(3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:
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109	109	(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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111	111	(b) Alters the boundaries of any existing area under paragraph (a);
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113	113	provided that not more than four areas may be designated within the State.
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115	115	(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. 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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117	117	(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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119	119	(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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121	121	(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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123	123	(8) A person who reports to a law enforcement officer that the person has been trafficked under section 712-1202 shall not be subject to any criminal liability under this section.
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125	125	[(8)] (9) For purposes of this section:
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127	127	"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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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 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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141	141	SECTION 7. This Act shall take effect on June 30, 3000.
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143	143	Report Title: Sex Trafficking; Prostitution; Penalty; Exemption from Criminal Liability; Protection of Trafficked Persons Description: Specifies that the penalty for sex trafficking is to be a fine of no less than $200,000 but no more than $500,000, and a term of imprisonment of up to twenty years without the possibility of a suspended sentence, probation, or parole. Exempts from criminal liability for certain offenses involving sex trafficking or prostitution a victim of sex trafficking who reports the trafficking to law enforcement. Provides that consent to sexual conduct, as defined, is not a defense for the offense of sex trafficking. Effective 6/30/3000. (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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149	149	Report Title:
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151	151	Sex Trafficking; Prostitution; Penalty; Exemption from Criminal Liability; Protection of Trafficked Persons
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155	155	Description:
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157	157	Specifies that the penalty for sex trafficking is to be a fine of no less than $200,000 but no more than $500,000, and a term of imprisonment of up to twenty years without the possibility of a suspended sentence, probation, or parole. Exempts from criminal liability for certain offenses involving sex trafficking or prostitution a victim of sex trafficking who reports the trafficking to law enforcement. Provides that consent to sexual conduct, as defined, is not a defense for the offense of sex trafficking. Effective 6/30/3000. (HD1)
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165	165	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.