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HOUSE OF REPRESENTATIVES |
H.B. NO. |
155 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§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 definite 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 to:
(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; provided further that the fine proceeds shall
be credited to 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) A person who
reports to a law enforcement officer that the person has been trafficked under
this section shall not be subject to any criminal liability under this section.
(6)
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[.]; provided that if the
person who commits the offense under subsection (1)(a) is a minor, street
prostitution is a violation. 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 minor may be taken into custody by any police officer without order of
the judge when there are reasonable grounds to believe that the minor has
violated subsection (1)(a). The minor
shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the
jurisdiction of the family court pursuant to section 571‑11(1), including
for the purposes of custody, detention, diversion, and access to services and
resources.
(9)
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)] (10) 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.
"Minor" means a person who is
less than eighteen years of age.
"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)]
(11) 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. Section 712-1209.1, Hawaii Revised Statutes, is amended to read as follows:
"§712-1209.1 Commercial
sexual exploitation of a minor. (1) A person eighteen
years of age or older commits the offense of commercial sexual exploitation of
a minor if the person intentionally, knowingly, or recklessly:
(a) Offers or agrees to provide anything of value to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct;
(b) Provides anything of value to a minor or third person as compensation for having engaged in sexual conduct with a minor;
(c) Agrees to provide or offers to provide anything of value to a minor or third person for the purpose of engaging in sexual conduct with a minor; or
(d) Solicits, offers to engage in, or requests to engage in sexual conduct with a minor in return for anything of value.
(2) Commercial sexual exploitation of a minor is
a class [B] A felony.
(3) A person convicted of committing the offense
of commercial sexual exploitation of a minor shall be sentenced to a minimum of
twenty years imprisonment, without the possibility of probation or parole until
at least half the sentence has been served.
(4) A person convicted of committing the offense
of commercial sexual exploitation of a minor shall forfeit any assets gained
through an offense in violation of this section or used in furtherance of an
offense in violation of this section.
Any assets forfeited in accordance with this paragraph shall be first
used to compensate survivors.
[(3)](5) In addition to any other authorized
disposition, a person convicted of committing the offense of commercial sexual
exploitation of a minor shall be sentenced to pay a fine of no less than
$5,000.
[(4)](6) This section shall not apply to any member of
a police department, a sheriff, or a law enforcement officer acting in the
course and scope of duties; provided that the member of a police department,
sheriff, or law enforcement officer is engaging in undercover operations;
provided further that under no circumstances shall sexual contact initiated by
a member of a police department, sheriff, or law enforcement officer; sexual
penetration; or sadomasochistic abuse be considered to fall within the course
and scope of duties.
[(5)](7) 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 circumstance that the victim was a minor; provided
that the person had a reasonable opportunity to observe the victim.
[(6)](8) Consent of a minor to the sexual conduct does
not constitute a defense to any offense in this section.
(9) Notwithstanding
any law to the contrary, there shall be no statute of limitation for
prosecuting offenses committed in violation of this section.
[(7)](10) For purposes of this section:
"Minor"
means a person who is less than eighteen years of age.
"Sexual conduct" has the same meaning as in section 712‑1200(2).
"Survivor"
means any person who has been subjected to or is at risk of being subjected to
sexual exploitation in accordance with this section."
SECTION 6. (a) The department of human services shall establish or expand existing programs to provide comprehensive support for survivors of human trafficking, including but not limited to:
(1) Housing assistance to include emergency shelters, transitional housing, and long-term housing solutions;
(2) Access to health care, including mental health support, trauma-informed care, and substance abuse treatment;
(3) Legal assistance for civil matters related to their trafficking experiences, including immigration support for non-citizen survivors;
(4) Job training, education grants, and employment services to facilitate economic independence; and
(5) A pilot program to provide basic income for one year to qualified survivors to aid in their recovery and reintegration.
(b) The department of human services shall create and implement a mandatory training for law enforcement personnel on identifying and addressing human trafficking cases, focusing on victim sensitivity and the complexities of trafficking investigations.
(c) Services under this program shall be trauma-informed, culturally sensitive, and survivor-centered.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purpose of establishing and expanding sex trafficking survivor support programs and services.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 8.
The department of human services and the department of the attorney
general shall jointly submit a report to the legislature no later than twenty
days prior to the convening of the regular session of 2026 and each regular
session thereafter summarizing the effectiveness of the programs established
under this Act, including statistical data on services provided, survivors
assisted, and outcomes of legal actions against traffickers.
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Sex Trafficking; Penalty; Protection of Trafficked Persons
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.