Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2051 entitled:

begs leave to report as follows:

The purpose of this bill is to deter human trafficking by establishing, among other things:

Catholic Charities Hawaii, Equality Now, National Asian Pacific American Women's Forum, Polaris Project, Safe Zone Foundation, Girl Fest Hawaii, Soroptimist International of Waikiki, and numerous concerned individuals supported this bill. The Department of the Attorney General (AG), Department of the Prosecuting Attorney for the City and County of Honolulu, and Na Loio supported the intent of this bill. The Office of the Public Defender opposed this measure. The Judiciary, Department of Health, and a concerned individual submitted comments.

Your Committee finds that human trafficking is a globally expansive tragedy that is finding its way to Hawaii's shores. Whether it be for sweatshop labor or sexual exploitation, trafficking victimizes women and children, the poor, and the vulnerable, in complex schemes that cross national, state, and local boundaries and that are not readily prosecuted under existing law. Even worse, victims are virtually enslaved, subjected to privation and prosecution for offenses they were forced to commit, stranded in countries in which they are illegally present, unwelcome in their countries of origin, and separated from any family or friends that might give them support.

However, your Committee finds that, while the threat posed to our state by human trafficking cannot be overestimated, the provisions contained in this bill have raised numerous concerns. The criminal provisions contained in this bill are viewed to be inconsistent with the structure and philosophy of the Hawaii Penal Code. The services to victims that would be required under the measure and the training necessary to combat trafficking are already the subject of ongoing efforts by the Hawaii Anti-Trafficking Task Force. Furthermore, the actions required of state authorities under this measure, with regard to the immigration status of trafficking victims, exceed current capabilities and may conflict with federal law.

In light of these concerns, your Committee has amended this bill by deleting its contents and inserting provisions that, among other things, integrate anti-trafficking provisions under the existing Penal Code. Specifically, this bill, as amended:

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 H.B. No. 2051, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2051, H.D. 1, and be referred to the Committee on Finance.