STAND. COM. REP. NO. 1212

Honolulu, Hawaii

, 2025

RE: S.B. No. 1312

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Human Services & Homelessness, to which was referred S.B. No. 1312, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC HEALTH AND MORALS,"

begs leave to report as follows:

The purpose of this measure is to clarify and update the sex trafficking and promoting prostitution criminal offense statutes by clarifying the definition of "profits from prostitution" and making technical and other housekeeping amendments.

Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney of the City and County of Honolulu; Ohana Unity Party; and two individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Sex Workers Outreach Project of Hawaiʻi.

Your Committee finds that the State has worked for over a decade to strengthen protections against sex trafficking and hold traffickers accountable, including legislative amendments targeting those who profit from prostitution. However, the Hawaii Supreme Court's ruling in the 2023 case State v. Ibarra has revealed ambiguities in existing statutes that may hinder enforcement efforts. This measure seeks to refine and clarify the existing laws on sex trafficking and promoting prostitution to ensure the laws are effective and enforceable, bolstering the State's commitment to prosecuting traffickers and providing stronger protections for victims.

Your Committee has amended this measure by 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 Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1312, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1312, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

____________________________

LISA MARTEN, Chair