STAND. COM. REP. NO. 906

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1568
                                        S.D. 2




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

Sir:

     Your Committee on Judiciary, to which was referred S.B.
No. 1568, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

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

     Your Committee finds that the legislature provided for the
creation of a "prostitution-free zone" in Waikiki by imposing
geographic restrictions for a defendant out on bail or probation,
when it adopted Act 149, Session Laws of Hawaii 1998.  Your
Committee recognizes that this restriction has been highly
successful upon implementation, but that prostitutes are moving
from Waikiki into other areas.  Therefore, your Committee
believes that allowing the county to designate additional areas
as a "prostitution-free zone," after finding that the area is
experiencing a significant incidence of prostitution-related
activity, will provide the counties with the necessary
flexibility to combat prostitution.

     Your Committee further finds that S.B. No. 1568, S.D. 1, is
intended to correct certain ambiguities in Act 149.  For example,
this measure clarifies that a police officer may make an arrest
when there is probable cause to believe that a person has
violated the geographic restriction.  In addition, this measure

 
 
 
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also clarifies that once a person is arrested for violating the
geographic restrictions, the person may be held without bail.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of
Honolulu, the Department of Corporation Counsel of the City and
County of Honolulu, the Honolulu Police Department, and the
Hawaii Activities and Tours Association.  Testimony in opposition
to this measure was submitted by the Libertarian Party of Hawaii.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting the language prohibiting defendants from
          driving or riding in a motor vehicle in Waikiki or
          other designated areas; and

     (2)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B.
No. 1568, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1568,
S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair