| 1 | 1 | | HOUSE OF REPRESENTATIVES H.B. NO. 155 THIRTY-THIRD LEGISLATURE, 2025 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. 155 |
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| 4 | 4 | | THIRTY-THIRD LEGISLATURE, 2025 |
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| 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 | | 155 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-THIRD LEGISLATURE, 2025 |
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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 712-1200, 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 to: (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; provided further that the fine proceeds 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 person who reports to a law enforcement officer that the person has been trafficked under this section shall not be subject to any criminal liability under this section. (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 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[.]; 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. (9) 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)] (10) 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)] (11) 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. Section 712-1209.1, Hawaii Revised Statutes, is amended to read as follows: "§712-1209.1 Commercial sexual exploitation of a minor. (1) A person eighteen years of age or older commits the offense of commercial sexual exploitation of a minor if the person intentionally, knowingly, or recklessly: (a) Offers or agrees to provide anything of value to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct; (b) Provides anything of value to a minor or third person as compensation for having engaged in sexual conduct with a minor; (c) Agrees to provide or offers to provide anything of value to a minor or third person for the purpose of engaging in sexual conduct with a minor; or (d) Solicits, offers to engage in, or requests to engage in sexual conduct with a minor in return for anything of value. (2) Commercial sexual exploitation of a minor is a class [B] A felony. (3) A person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to a minimum of twenty years imprisonment, without the possibility of probation or parole until at least half the sentence has been served. (4) A person convicted of committing the offense of commercial sexual exploitation of a minor shall forfeit any assets gained through an offense in violation of this section or used in furtherance of an offense in violation of this section. Any assets forfeited in accordance with this paragraph shall be first used to compensate survivors. [(3)](5) In addition to any other authorized disposition, a person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to pay a fine of no less than $5,000. [(4)](6) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties; provided that the member of a police department, sheriff, or law enforcement officer is engaging in undercover operations; provided further that under no circumstances shall sexual contact initiated by a member of a police department, sheriff, or law enforcement officer; sexual penetration; or sadomasochistic abuse be considered to fall within the course and scope of duties. [(5)](7) 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 circumstance that the victim was a minor; provided that the person had a reasonable opportunity to observe the victim. [(6)](8) Consent of a minor to the sexual conduct does not constitute a defense to any offense in this section. (9) Notwithstanding any law to the contrary, there shall be no statute of limitation for prosecuting offenses committed in violation of this section. [(7)](10) For purposes of this section: "Minor" means a person who is less than eighteen years of age. "Sexual conduct" has the same meaning as in section 712‑1200(2). "Survivor" means any person who has been subjected to or is at risk of being subjected to sexual exploitation in accordance with this section." SECTION 6. (a) The department of human services shall establish or expand existing programs to provide comprehensive support for survivors of human trafficking, including but not limited to: (1) Housing assistance to include emergency shelters, transitional housing, and long-term housing solutions; (2) Access to health care, including mental health support, trauma-informed care, and substance abuse treatment; (3) Legal assistance for civil matters related to their trafficking experiences, including immigration support for non-citizen survivors; (4) Job training, education grants, and employment services to facilitate economic independence; and (5) A pilot program to provide basic income for one year to qualified survivors to aid in their recovery and reintegration. (b) The department of human services shall create and implement a mandatory training for law enforcement personnel on identifying and addressing human trafficking cases, focusing on victim sensitivity and the complexities of trafficking investigations. (c) Services under this program shall be trauma-informed, culturally sensitive, and survivor-centered. SECTION 7. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purpose of establishing and expanding sex trafficking survivor support programs and services. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 8. The department of human services and the department of the attorney general shall jointly submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each regular session thereafter summarizing the effectiveness of the programs established under this Act, including statistical data on services provided, survivors assisted, and outcomes of legal actions against traffickers. SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 10. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 12. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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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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| 50 | 50 | | |
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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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| 52 | 52 | | |
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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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| 54 | 54 | | |
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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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| 56 | 56 | | |
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| 57 | 57 | | SECTION 3. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows: |
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| 58 | 58 | | |
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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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| 60 | 60 | | |
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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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| 62 | 62 | | |
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| 63 | 63 | | (b) Advances prostitution or profits from prostitution of a minor. |
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| 64 | 64 | | |
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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 to: |
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| 66 | 66 | | |
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| 67 | 67 | | (a) Imprisonment, in accordance with section 706- ; and |
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| 68 | 68 | | |
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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; provided further that the fine proceeds shall be credited to the general fund. |
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| 70 | 70 | | |
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| 71 | 71 | | [(3) As used in this section: |
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| 72 | 72 | | |
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| 73 | 73 | | "Fraud" means making material false statements, misstatements, or omissions. |
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| 74 | 74 | | |
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| 75 | 75 | | "Minor" means a person who is less than eighteen years of age. |
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| 76 | 76 | | |
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| 77 | 77 | | "Threat" means any of the actions listed in section 707‑764(1).] |
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| 78 | 78 | | |
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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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| 80 | 80 | | |
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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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| 82 | 82 | | |
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| 83 | 83 | | (5) A person who reports to a law enforcement officer that the person has been trafficked under this section shall not be subject to any criminal liability under this section. |
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| 84 | 84 | | |
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| 85 | 85 | | (6) As used in this section: |
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| 86 | 86 | | |
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| 87 | 87 | | "Fraud" means making material false statements, misstatements, or omissions. |
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| 88 | 88 | | |
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| 89 | 89 | | "Minor" means a person who is less than eighteen years of age. |
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| 90 | 90 | | |
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| 91 | 91 | | "Sexual conduct" has the same meaning as in section 712‑1200(2). |
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| 92 | 92 | | |
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| 93 | 93 | | "Threat" means any of the actions listed in section 707‑764(1)." |
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| 94 | 94 | | |
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| 95 | 95 | | SECTION 4. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows: |
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| 96 | 96 | | |
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| 97 | 97 | | "§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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| 98 | 98 | | |
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| 99 | 99 | | (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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| 100 | 100 | | |
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| 101 | 101 | | (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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| 102 | 102 | | |
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| 103 | 103 | | (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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| 104 | 104 | | |
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| 105 | 105 | | (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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| 106 | 106 | | |
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| 107 | 107 | | (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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| 108 | 108 | | |
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| 109 | 109 | | (3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that: |
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| 110 | 110 | | |
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| 111 | 111 | | (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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| 112 | 112 | | |
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| 113 | 113 | | (b) Alters the boundaries of any existing area under paragraph (a); |
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| 114 | 114 | | |
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| 115 | 115 | | provided that not more than four areas may be designated within the State. |
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| 116 | 116 | | |
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| 117 | 117 | | (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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| 118 | 118 | | |
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| 119 | 119 | | (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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| 120 | 120 | | |
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| 121 | 121 | | (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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| 122 | 122 | | |
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| 123 | 123 | | (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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| 124 | 124 | | |
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| 125 | 125 | | (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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| 126 | 126 | | |
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| 127 | 127 | | (9) 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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| 128 | 128 | | |
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| 129 | 129 | | [(8)] (10) For purposes of this section: |
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| 130 | 130 | | |
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| 131 | 131 | | "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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| 132 | 132 | | |
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| 133 | 133 | | "Minor" means a person who is less than eighteen years of age. |
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| 134 | 134 | | |
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| 135 | 135 | | "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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| 136 | 136 | | |
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| 137 | 137 | | "Sexual conduct" has the same meaning as in section 712‑1200(2). |
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| 138 | 138 | | |
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| 139 | 139 | | "Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue. |
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| 140 | 140 | | |
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| 141 | 141 | | [(9)] (11) 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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| 142 | 142 | | |
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| 143 | 143 | | SECTION 5. Section 712-1209.1, Hawaii Revised Statutes, is amended to read as follows: |
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| 144 | 144 | | |
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| 145 | 145 | | "§712-1209.1 Commercial sexual exploitation of a minor. (1) A person eighteen years of age or older commits the offense of commercial sexual exploitation of a minor if the person intentionally, knowingly, or recklessly: |
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| 146 | 146 | | |
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| 147 | 147 | | (a) Offers or agrees to provide anything of value to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct; |
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| 148 | 148 | | |
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| 149 | 149 | | (b) Provides anything of value to a minor or third person as compensation for having engaged in sexual conduct with a minor; |
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| 150 | 150 | | |
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| 151 | 151 | | (c) Agrees to provide or offers to provide anything of value to a minor or third person for the purpose of engaging in sexual conduct with a minor; or |
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| 152 | 152 | | |
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| 153 | 153 | | (d) Solicits, offers to engage in, or requests to engage in sexual conduct with a minor in return for anything of value. |
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| 154 | 154 | | |
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| 155 | 155 | | (2) Commercial sexual exploitation of a minor is a class [B] A felony. |
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| 156 | 156 | | |
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| 157 | 157 | | (3) A person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to a minimum of twenty years imprisonment, without the possibility of probation or parole until at least half the sentence has been served. |
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| 158 | 158 | | |
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| 159 | 159 | | (4) A person convicted of committing the offense of commercial sexual exploitation of a minor shall forfeit any assets gained through an offense in violation of this section or used in furtherance of an offense in violation of this section. Any assets forfeited in accordance with this paragraph shall be first used to compensate survivors. |
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| 160 | 160 | | |
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| 161 | 161 | | [(3)](5) In addition to any other authorized disposition, a person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to pay a fine of no less than $5,000. |
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| 162 | 162 | | |
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| 163 | 163 | | [(4)](6) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties; provided that the member of a police department, sheriff, or law enforcement officer is engaging in undercover operations; provided further that under no circumstances shall sexual contact initiated by a member of a police department, sheriff, or law enforcement officer; sexual penetration; or sadomasochistic abuse be considered to fall within the course and scope of duties. |
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| 164 | 164 | | |
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| 165 | 165 | | [(5)](7) 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 circumstance that the victim was a minor; provided that the person had a reasonable opportunity to observe the victim. |
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| 166 | 166 | | |
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| 167 | 167 | | [(6)](8) Consent of a minor to the sexual conduct does not constitute a defense to any offense in this section. |
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| 168 | 168 | | |
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| 169 | 169 | | (9) Notwithstanding any law to the contrary, there shall be no statute of limitation for prosecuting offenses committed in violation of this section. |
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| 170 | 170 | | |
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| 171 | 171 | | [(7)](10) For purposes of this section: |
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| 172 | 172 | | |
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| 173 | 173 | | "Minor" means a person who is less than eighteen years of age. |
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| 174 | 174 | | |
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| 175 | 175 | | "Sexual conduct" has the same meaning as in section 712‑1200(2). |
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| 176 | 176 | | |
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| 177 | 177 | | "Survivor" means any person who has been subjected to or is at risk of being subjected to sexual exploitation in accordance with this section." |
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| 178 | 178 | | |
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| 179 | 179 | | SECTION 6. (a) The department of human services shall establish or expand existing programs to provide comprehensive support for survivors of human trafficking, including but not limited to: |
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| 180 | 180 | | |
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| 181 | 181 | | (1) Housing assistance to include emergency shelters, transitional housing, and long-term housing solutions; |
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| 182 | 182 | | |
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| 183 | 183 | | (2) Access to health care, including mental health support, trauma-informed care, and substance abuse treatment; |
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| 184 | 184 | | |
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| 185 | 185 | | (3) Legal assistance for civil matters related to their trafficking experiences, including immigration support for non-citizen survivors; |
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| 186 | 186 | | |
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| 187 | 187 | | (4) Job training, education grants, and employment services to facilitate economic independence; and |
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| 188 | 188 | | |
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| 189 | 189 | | (5) A pilot program to provide basic income for one year to qualified survivors to aid in their recovery and reintegration. |
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| 190 | 190 | | |
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| 191 | 191 | | (b) The department of human services shall create and implement a mandatory training for law enforcement personnel on identifying and addressing human trafficking cases, focusing on victim sensitivity and the complexities of trafficking investigations. |
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| 192 | 192 | | |
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| 193 | 193 | | (c) Services under this program shall be trauma-informed, culturally sensitive, and survivor-centered. |
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| 194 | 194 | | |
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| 195 | 195 | | SECTION 7. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purpose of establishing and expanding sex trafficking survivor support programs and services. |
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| 196 | 196 | | |
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| 197 | 197 | | The sum appropriated shall be expended by the department of education for the purposes of this Act. |
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| 198 | 198 | | |
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| 199 | 199 | | SECTION 8. The department of human services and the department of the attorney general shall jointly submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2026 and each regular session thereafter summarizing the effectiveness of the programs established under this Act, including statistical data on services provided, survivors assisted, and outcomes of legal actions against traffickers. |
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| 200 | 200 | | |
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| 201 | 201 | | SECTION 9. 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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| 202 | 202 | | |
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| 203 | 203 | | SECTION 10. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. |
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| 204 | 204 | | |
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| 205 | 205 | | SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 206 | 206 | | |
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| 207 | 207 | | SECTION 12. This Act shall take effect upon its approval. |
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| 208 | 208 | | |
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| 209 | 209 | | |
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| 210 | 210 | | |
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| 211 | 211 | | INTRODUCED BY: _____________________________ |
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| 212 | 212 | | |
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| 213 | 213 | | INTRODUCED BY: |
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| 214 | 214 | | |
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| 215 | 215 | | _____________________________ |
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| 216 | 216 | | |
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| 217 | 217 | | |
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| 218 | 218 | | |
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| 219 | 219 | | |
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| 220 | 220 | | |
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| 221 | 221 | | Report Title: Sex Trafficking; Penalty; Protection of Trafficked Persons Description: Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $200,000 but no more than $500,000, 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". Specifies that a minor who commits an offense under section 712-1207(1)(a), HRS, shall be guilty of a violation instead of a petty misdemeanor. Provides that a person who reports that the person is a victim of sex trafficking shall not be subject to criminal liability for an offense involving sex trafficking or prostitution. Increases the penalties for commercial sexual exploitation of a minor. Requires DHS to implement services and programs for survivors and training for law enforcement. Appropriates funds. Requires annual report. 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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| 222 | 222 | | |
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| 223 | 223 | | |
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| 224 | 224 | | |
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| 225 | 225 | | |
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| 226 | 226 | | |
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| 227 | 227 | | Report Title: |
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| 228 | 228 | | |
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| 229 | 229 | | Sex Trafficking; Penalty; Protection of Trafficked Persons |
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| 230 | 230 | | |
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| 231 | 231 | | |
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| 232 | 232 | | |
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| 233 | 233 | | Description: |
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| 234 | 234 | | |
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| 235 | 235 | | Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $200,000 but no more than $500,000, 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". Specifies that a minor who commits an offense under section 712-1207(1)(a), HRS, shall be guilty of a violation instead of a petty misdemeanor. Provides that a person who reports that the person is a victim of sex trafficking shall not be subject to criminal liability for an offense involving sex trafficking or prostitution. Increases the penalties for commercial sexual exploitation of a minor. Requires DHS to implement services and programs for survivors and training for law enforcement. Appropriates funds. Requires annual report. |
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| 236 | 236 | | |
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| 237 | 237 | | |
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| 238 | 238 | | |
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| 239 | 239 | | |
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| 240 | 240 | | |
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| 241 | 241 | | |
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| 242 | 242 | | |
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| 243 | 243 | | 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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