STAND. COM. REP. NO. 3019

Honolulu, Hawaii

RE: S.B. No. 2187

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2187 entitled:

"A BILL FOR AN ACT RELATING TO SEX TRAFFICKING,"

begs leave to report as follows:

The purpose and intent of this measure is to include coercion as a means of committing the offense of sex trafficking.

Your Committee received testimony in support of this measure from the Department of Defense, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Kaua‘i, Honolulu Police Department, IMUAlliance, and six individuals.

Your Committee finds that existing law defines the offense of sex trafficking to include advancing prostitution by "force, threat, fraud, or intimidation". There have been instances in which a set of particular facts did not fit within the existing definitions, such as a case in which a victim was not allowed to eat or sleep until completing a certain amount of sex work. Your Committee further finds that the U.S. Code defines severe forms of trafficking in persons as "sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age". This measure brings Hawaii law into conformity with federal law.

Your Committee has amended this measure by:

(1) Inserting the federal definition of the term "coercion"; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 2187, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2187, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair