STAND. COM. REP. NO. 255

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1568
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 1568 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this measure is to expand the prohibition of
street solicitation of prostitution in Waikiki to other areas
designated by the council of the appropriate county.

     Testimony in support of this measure was received from the
Honolulu City Council, Department of the Prosecuting Attorney of
the City and County of Honolulu (HPA), and Police Department of
the City and County of Honolulu (HPD).

     Your Committee finds that street solicitation of
prostitution is not confined to Waikiki, but also plagues other
areas as well.  This measure in allowing a county council to
designate additional areas where street solicitation of
prostitution is prohibited, will provide counties with the
flexibility required to effectively reduce, deter, and eliminate
prostitution.

     The HPD and HPA collaborated on various amendments to this
measure which, upon consideration, your Committee has adopted.
Your Committee, accordingly, has amended this measure by:

     (1)  Requiring a mandatory term of thirty days of
          imprisonment and no longer for the violation of street

 
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                                   STAND. COM. REP. NO. 255
                                   Page 2


          solicitation of prostitution (current law requires a
          mandatory minimum of thirty days) to ensure the
          violation is not subject to a jury trial;

     (2)  Reducing the maximum period that a court may place a
          defendant on probation from one year to six months;

     (3)  Further clarifying the geographic restrictions imposed
          for street solicitation of prostitution to include
          remaining on public property, including walking,
          driving, or otherwise being transported on or through
          such public property, in Waikiki, and other areas in
          the State designated by county ordinance;

     (4)  Allowing the police to arrest when there is probable
          cause to believe that a person has violated the
          geographic restrictions rather than requiring the
          police to obtain a warrant prior to arrest and execute
          other cumbersome procedures;

     (5)  Clarifying that once a person is arrested for violating
          the geographical restrictions, the person is to be held
          without bail;

     (6)  Defining "areas" and "public property"; and

     (7)  Clarifying that the geographic restrictions imposed by
          section 712-1207, Hawaii Revised Statutes (HRS), shall
          not prohibit the imposition of stricter geographic
          restrictions pursuant to section 804-7.1, HRS, or
          section 706-624(2)(h), HRS.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of S.B. No. 1568, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 1568, S.D. 1, and be referred to the Committee
on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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