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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1437 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§706- Term of imprisonment for sex trafficking. Notwithstanding section 706-659 and any other law to the contrary, a person who is convicted of sex trafficking under section 712-1202 shall be sentenced to a term of imprisonment not exceeding twenty years, to be determined by the court, without the possibility of suspension of sentence, probation, or parole."
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
SECTION 3. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:
"§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly:
(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or
(b) Advances prostitution or profits from prostitution of a minor.
(2)
Sex trafficking is a class A felony[.]; provided
that a person convicted under this section shall be sentenced as follows:
(a) Imprisonment, in accordance with
section 706- ; and
(b) Payment of a fine
of no less than $200,000 but no more than $500,000, pursuant to section 706‑640,
to be deposited into the general fund.
[(3)
As used in this section:
"Fraud"
means making material false statements, misstatements, or omissions.
"Minor"
means a person who is less than eighteen years of age.
"Threat" means any of the
actions listed in section 707‑764(1).]
(3) Consent to sexual conduct shall not
constitute a defense to prosecution for any offense described in this section.
(4)
The state of mind requirement for the offense under subsection (1)(b) is
not applicable to the fact that the victim was a minor. A person is strictly liable with respect to
the attendant circumstances that the victim was a minor.
(5) As used in this section:
"Fraud"
means making material false statements, misstatements, or omissions.
"Minor"
means a person who is less than eighteen years of age.
"Sexual
conduct" has the same meaning as in section 712‑1200(2).
"Threat" means any of the actions listed in section 707‑764(1)."
SECTION 4. Section 712-1207, Hawaii Revised Statutes, is amended to read as follows:
"§712-1207 Street prostitution and commercial sexual
exploitation; designated areas.
(1) It shall be unlawful for any
person within the boundaries of Waikiki and while on any public property to:
(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
(2)
It shall be unlawful for any person within the boundaries of other areas
in this State designated by county ordinance pursuant to subsection (3), and
while on any public property to:
(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
(3) Upon a recommendation of the chief of police
of a county, that county may enact an ordinance that:
(a) Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or
(b) Alters the boundaries of any existing area under paragraph (a);
provided that not more than four
areas may be designated within the State.
(4) Notwithstanding any law to the contrary, any
person violating this section shall be guilty of a petty misdemeanor and shall
be sentenced to a mandatory term of thirty days imprisonment. The term of imprisonment shall be imposed
immediately, regardless of whether the defendant appeals the conviction, except
as provided in subsection (5).
(5) As an option to the mandatory term of thirty
days imprisonment, if the court finds the option is warranted based upon the
defendant's record, the court may place the defendant on probation for a period
not to exceed six months, subject to the mandatory condition that the defendant
observe geographic restrictions that prohibit the defendant from entering or
remaining on public property, in Waikiki and other areas in the State
designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic
restrictions by the defendant, the court, after hearing, shall revoke the
defendant's probation and immediately impose the mandatory thirty-day term of
imprisonment. Nothing contained in this
subsection shall be construed as prohibiting the imposition of stricter
geographic restrictions under section 706-624(2)(h).
(6) Any person charged under this section may be
admitted to bail, pursuant to section 804-4, subject to the mandatory condition
that the person observe geographic restrictions that prohibit the defendant
from entering or remaining on public property, in Waikiki and other areas in
the State designated by county ordinance during the hours from 6 p.m. to 6
a.m. Notwithstanding any other provision
of law to the contrary, any person who violates these bail restrictions shall
have the person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be
construed as prohibiting the imposition of stricter geographic restrictions
under section 804-7.1.
(7) Notwithstanding any other law to the
contrary, a police officer, without warrant, may arrest any person when the
officer has probable cause to believe that the person has committed a violation
of subsection (5) or (6), and the person shall be detained, without bail, until
the hearing under the appropriate subsection can be held, which hearing shall be
held as soon as reasonably practicable.
(8) A person who reports to a law enforcement
officer that the person has been trafficked under section 712-1202 shall not be
subject to any criminal liability under this section.
[(8)]
(9) For purposes of this section:
"Area"
means any zone within a county that is defined with specific boundaries and
designated as a zone of significant prostitution by this section or a county
ordinance.
"Public
property" includes any street, highway, road, sidewalk, alley, lane,
bridge, parking lot, park, or other property owned or under the jurisdiction of
any governmental entity or otherwise open to the public.
"Sexual
conduct" has the same meaning as in section 712‑1200(2).
"Waikiki"
means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu
avenue.
[(9)] (10) This section shall apply to all counties;
provided that if a county enacts an ordinance to regulate street prostitution
and commercial sexual exploitation, other than an ordinance designating an area
as a zone of significant prostitution-related activity, the county ordinance
shall supersede this section and no person shall be convicted under this
section in that county."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on June 30, 3000.
Report Title:
Sex Trafficking; Prostitution; Penalty; Exemption from Criminal Liability; Protection of Trafficked Persons
Description:
Specifies that the penalty for sex trafficking is to be a fine of no less than $200,000 but no more than $500,000, and a term of imprisonment of up to twenty years without the possibility of a suspended sentence, probation, or parole. Exempts from criminal liability for certain offenses involving sex trafficking or prostitution a victim of sex trafficking who reports the trafficking to law enforcement. Provides that consent to sexual conduct, as defined, is not a defense for the offense of sex trafficking. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.