STAND. COM. REP. NO. 1367

Honolulu, Hawaii

RE: H.B. No. 994

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 994, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE OFFENSE OF PROMOTING PORNOGRAPHY FOR MINORS,"

begs leave to report as follows:

The purpose and intent of this measure is to enhance the effectiveness of Act 244, Session Laws of Hawaii 2024, by allowing the offense of promoting pornography for minors to be instituted by written information.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Hawaii State Commission on the Status of Women, Department of the Prosecuting Attorney of the City and County of Honolulu, and two individuals.

Your Committee finds that, to improve the ability to prosecute those who promote pornography for minors, Act 244, Session Laws of Hawaii 2024, specifically allows the prosecution of the offense of promoting pornography for minors through undercover operations. Your Committee further finds that large‑scale undercover operations have proven to be an effective tool in reducing and combating offenders who solicit minors to engage in sexual activities on the Internet, with expeditious charging being crucial during these large-scale operations. Most of the main charges brought from these operations may be instituted by written information. However, one of the major charges resulting from these undercover operations, the offense of promoting pornography for minors under section 712-1215, Hawaii Revised Statutes, is included in the list of offenses that cannot be instituted by written information under section 806-83, Hawaii Revised Statutes. This measure will enhance current efforts to intercept offenders intent on harming children by allowing the offense of promoting pornography for minors to be instituted via written information.

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. 994, H.D. 1, and recommends that it pass Second Reading 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