STAND. COM. REP. NO. 2477

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 3133
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
3133 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to amend section 712-1207, Hawaii Revised Statutes (HRS),
relating to the offense of street solicitation of prostitution to
include those offenses committed within the boundaries of
Wahiawa.

     Your Committee finds that the legislature provided for the
creation of a "prostitution-free zone" in Waikiki by imposing
geographical 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 such as Wahiawa.  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.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of
Honolulu, the Honolulu Police Department, and the Wahiawa
Neighborhood Board No.26.  Testimony in opposition to this

 
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                                   STAND. COM. REP. NO. 2477
                                   Page 2


measure was submitted by the American Civil Liberties Union of
Hawaii.

     Upon further consideration, your Committee has amended this
measure by deleting its contents and substituting the contents of
S.B. 1568, S.D. 2.  More specifically, your Committee has amended
this bill by:

     (1)  Expanding the prohibition of street solicitation of
          prostitution in Waikiki to other areas designated by
          the council of the appropriate county;

     (2)  Clarifying that a police officer may make an arrest
          when there is probable cause to believe that a person
          has violated the geographic restriction;

     (3)  Clarifying that once a person is arrested for violating
          the geographic restrictions, the person may be held
          without bail; 

     (4)  Clarifying that any person violating this section shall
          be sentenced to a mandatory term of thirty days
          imprisonment; and 

     (5)  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.
3133, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 3133, S.D. 1, and
be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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