Establishes offenses related to human trafficking and provides related definitions. Provides victims of trafficking an affirmative defense to certain offenses that they may have been forced to commit. Makes trafficking victims eligible for crime victim compensation funds. Requires attorney general to report to legislature annually regarding human trafficking. Establishes task force to compile and review law and information from other states regarding support for victims of human trafficking and to recommend changes to Hawaii law and programs. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that existing legislation and law enforcement activities in Hawaii are inadequate to deter human trafficking and to bring traffickers to justice. Hawaii law does not penalize the full range of offenses involved in the trafficking scheme. Instead, even the most brutal instances of trafficking are punished under laws that also apply to lesser offenses, allowing traffickers to escape deserved punishment.

The legislature also finds that the United States Congress passed the Victims of Trafficking and Violence Protection Act, the first comprehensive piece of legislation aimed at addressing the range of injustices perpetrated by traffickers. Likewise, to deter human trafficking, Hawaii must recognize that trafficking is a serious offense, which is done, in the first instance, by prescribing appropriate punishment and ensuring that state anti-trafficking laws are compatible with the Victims of Trafficking and Violence Protection Act.

The purpose of this Act is to combat and deter human trafficking, which is a contemporary manifestation of slavery, to ensure just and effective punishment of traffickers, prevent or reduce human trafficking, and protect the rights of trafficked persons.

SECTION 2. Chapter 707, part IV, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"PART IV. [KIDNAPPING] HUMAN TRAFFICKING, UNLAWFUL RESTRAINT, AND RELATED OFFENSES[; CRIMINAL COERCION]"

2. By adding six new sections to be appropriately designated and to read:

"§707-A Definitions. As used in this part, unless the context otherwise requires:

"Commercial sexual activity" means sexual conduct on account of which anything of value is given to, promised to, or received by any person.

"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personal services or of those of a person under the debtor's control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

"Financial harm" includes but is not limited to credit extortion pursuant to chapter 707, part VII, criminal violation of the usury law pursuant to section 478-6, or employment contracts that violate the statute of frauds.

"Involuntary servitude" means labor or services performed or provided by a person that are obtained or maintained by an actor who intentionally or knowingly:

"Labor" means work of economic or financial value.

"Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the trafficked person to perform such labor or service.

"Minor" means a person under the age of eighteen years.

"Obtain" means, in relation to labor or services, to secure performance thereof.

"Services" means an ongoing relationship between a person and an actor in which the person performs activities, including but not limited to commercial sexual activity or sexually explicit performances, under the control of or for the benefit of the actor or a third party.

"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact" as those terms are defined in section 707-700.

"Sexually-explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

"Trafficked person", "person trafficked", "person who has been trafficked", or similar terms are used interchangeably and mean a person subjected to the practices set forth in section 707-B, 707-C, or 707-D.

"Venture" means any group of two or more individuals associated in fact, whether or not a legal entity."

§707-B Trafficking of persons for involuntary servitude. (1) A person commits the offense of trafficking of persons for involuntary servitude if the person intentionally recruits, entices, harbors, transports, provides, or obtains by any means another person, knowing that the person will be subjected to involuntary servitude.

(2) Trafficking of persons for involuntary servitude is a class A felony; provided that the defendant shall be sentenced as provided in section 707-E.

§707-C Involuntary servitude. (1) A person commits the offense of involuntary servitude if the person knowingly:

(2) Involuntary servitude is a class B felony; provided that the defendant shall be sentenced as provided in section 707-E.

§707-D Unlawful conduct with respect to documents in furtherance of trafficking or involuntary servitude. (1) A person commits the offense of unlawful conduct with respect to documents in furtherance of trafficking or involuntary servitude if:

(2) The offense of unlawful conduct with respect to documents in furtherance of trafficking or involuntary servitude is a class C felony; provided that the defendant shall be sentenced as provided in section 707-E.

§707-E Sentencing for offenses relating to involuntary servitude. (1) In addition to the indeterminate term of imprisonment of twenty years required by section 706-659 for an offense under section 707-B, the court shall impose a mandatory minimum term of imprisonment of not less than two years and not more than ten years, which shall be determined by the court after consideration of the factors set forth in subsection (4).

(2) If the court sentences a person convicted under section 707-C to the indeterminate term of imprisonment of ten years authorized by section 706-660, the court shall impose a mandatory minimum term of imprisonment of not less than one year and not more than five years, which shall be determined by the court after consideration of the factors set forth in subsection (4).

(3) If the court sentences a person convicted under section 707-C or 707-D to a term of probation, the court shall require that the person serve a term of imprisonment of at least six months in the case of a conviction under section 707-C and ninety days in the case of a conviction under section 707-D as a condition of probation after consideration of the factors set forth in subsection (4).

(4) When determining the length of the mandatory minimum term of imprisonment required by subsections (1) and (2) or the length of the term of imprisonment required by subsection (3) as a condition of probation, the court shall consider the following factors:

(5) A person sentenced pursuant to subsection (1) or (2) shall not be eligible for parole during the mandatory term of imprisonment.

§707-F Defense to certain offenses. It shall be an affirmative defense to a charge under section 712-1200, 712-1206, or 712-1207 that the person had been trafficked for involuntary servitude involving the charged offense or that the person's commission of the charged offense had been obtained by involuntary servitude."

SECTION 3. Section 351-32, Hawaii Revised Statutes, is amended to read as follows:

"§351-32 Violent crimes. The crimes to which part III of this chapter applies are the following and no other:

SECTION 4. Section 707-721, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person[:

SECTION 5. Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:

"§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:

SECTION 6. (a) The attorney general shall work with the existing Hawaii anti-trafficking task force to expand its membership and the role of the task force. The task force shall:

(1) Coordinate efforts to prevent, investigate, and prosecute human trafficking in the state by facilitating communication between county police, county prosecutors, and appropriate federal agencies;

(b) Not less than twenty days prior to the convening of each regular session, the attorney general shall provide to the legislature a report that includes information on the:

SECTION 7. (a) The anti-trafficking task force is to be comprised of the following:

(b) The task force shall carry out the following activities:

(c) The anti-trafficking task force is authorized to seek federal grants available to states, local government, and nonprofit organizations for personnel, training, services and programs that are related to the task force's activities.

(d) Not less than twenty days prior to the convening of the regular sessions of 2007 and 2008, the task force shall provide to the legislature a report on its activities.

(e) The task force shall cease to exist on June 30, 2008.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000 or so much thereof as may be necessary for fiscal year 2006-2007 for the purpose of supporting the work of the task force established by section 7, including the payment of reasonable travel expenses for task force members to attend meetings.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

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. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2096.