STAND. COM. REP. NO. 1259-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3189

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 3189, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GAMBLING,"

begs leave to report as follows:

The purpose of this measure is to impose a heightened criminal penalty of a class C felony on persons who repeatedly commit the offenses of gambling, possession of gambling records in the second degree, or possession of a gambling device within ten years.

Your Committee received testimony in support of this measure from two individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that illegal gambling houses have a profoundly negative impact on communities across the State, particularly residential neighborhoods. Illegal gambling houses have been shown to attract and foster violence, illicit drugs, sex trafficking, and other dangerous activities. By strengthening the criminal penalties for promoting gambling in the first and second degree, your Committee believes that persons who work at illegal gambling houses will be deterred from participating in the illegal enterprise.

Accordingly, your Committee has amended this measure by:

(1) Deleting its contents and inserting the contents of H.B. No. 2197, H.D. 1 (Regular Session of 2022), which:

(A) Amends the offenses of promoting gambling in the first and second degree to a class B felony and class C felony, respectively; and

(B) Excludes the offenses of promoting gambling in the first and second degree from qualifying for deferred acceptance of guilty plea or nolo contendere plea; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3189, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3189, S.D. 2, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair