STAND. COM. REP. NO.742-02
Honolulu, Hawaii
, 2002
RE: S.B. No. 2234
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committees on Health and Human Services and Housing, to which was referred S.B. No. 2234, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL EXPLOITATION,"
beg leave to report as follows:
The purpose of this bill is to prohibit the commercial sexual exploitation of minors by:
(1) Making the offense of sexual exploitation of a minor grounds for refusal to renew, reinstate, or restore or revocation, suspension, denial, or condition of professional and vocational licenses;
(2) Making the offense of sexual exploitation of a minor grounds for forfeiture of property;
(3) Making it a class C felony for failure to maintain age verification records of exotic or nude dancers; and
(4) Establishing sexual exploitation of a minor as a class B felony.
The Honolulu Police Department, Na Keiki Law Center, Volunteer Legal Services Hawaii, Sisters Offering Support, Hawaii Family Forum, and several concerned individuals testified in support of this measure. The Department of the Prosecuting Attorney of the City and County of Honolulu, and the Hawaii Youth Services Network supported the intent of this measure.
The Libertarian Party of Hawaii testified in opposition of this measure. The Department of Commerce and Consumer Affairs (DCCA) and a concerned individual submitted comments.
Your Committees find that minors are often lured into prostitution through exotic dancing and illegitimate escort services, and current law does little to protect minors in these situations. This measure provides strict penalties for individuals promoting the sexual exploitation of minors.
Several testifiers commented that the terms "escort" and "escort services" need to be defined to make this measure enforceable. DCCA opposed the amendment that would make a conviction of sexual exploitation grounds for refusal to renew, reinstate, or restore and for revocation, suspension, denial, or condition of a professional and vocational license, as it conflicts with existing law. DCCA stated that decisions are made on a case-by-case basis and a procedure is in place to make such decisions.
Accordingly, your Committees have amended this bill by:
(1) Removing the portion of the measure that would make a conviction of sexual exploitation of a minor grounds for refusal to renew, reinstate, or restore or grounds for revocation, suspension, denial or condition of a professional and vocational license;
(2) Adding definitions of "escort" and "escort service"; and
(3) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the records of votes of the members of your Committees on Health and Human Services and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2234, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2234, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Housing,
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____________________________ MICHAEL P. KAHIKINA, Chair |
____________________________ DENNIS A. ARAKAKI, Chair |
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