STAND. COM. REP. NO. 3021

Honolulu, Hawaii

RE: S.B. No. 2643

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. 2643 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:

(1) Remove the criminal statute of limitations for sex trafficking and promoting prostitution;

(2) Specify that sex trafficking of a minor is a strict liability offense; and

(3) Designate the offense of solicitation of a minor for prostitution as sex trafficking.

Your Committee received testimony in support of this measure from the Hawai‘i State Commission on the Status of Women, Honolulu Police Department, IMUAlliance, UNITE, and one individual. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that existing state law does not identify solicitation of a minor for prostitution as a form of sex trafficking, but under title 18 United States Code section 1591, federal law recognizes offering to engage in sexual activity with a minor for anything of value as a form of sex trafficking. Your Committee finds that it is necessary to protect Hawaii's children from sexual exploitation by designating the solicitation of a minor for prostitution as a form of sex trafficking under state law.

Your Committee has amended this measure by:

(1) Including coercion to engage in prostitution as a means by which to commit the offense of sex trafficking;

(2) Clarifying that sex trafficking includes offering or agreeing to pay anything of value to engage in sexual activity with a minor; and

(3) 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. 2643, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2643, 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