IMUAlliance drafted and passed the following bills for the 2016 legislative session.
House Bill 1902: Relating to sex trafficking, bans sexual slavery in Hawai'i by replacing the offense of Promoting Prostitution in the First Degree with Sex Trafficking, to be classified as a violent crime and a class A felony. Requires proof only of negligence as to the age of the victim when a person commits the offense of sex trafficking and the victim is a minor (a reasonable person should have known that victim was underage, for example, rather than did know that victim's age as a matter of fact). Downgrades the offense of prostitution by a person younger than eighteen years of age to a violation subject to the jurisdiction of the family court. Establishes a class C felony for the act of paying for sex in reckless disregard of the fact that the other person is a victim of sex trafficking. Expands the Department of the Attorney General's Statewide Witness Program to include sex trafficking, provides victims with access to criminal injury compensation, and amends laws relating to civil liability for cases of coercion into prostitution. Makes conforming amendments to strengthen enforcement of laws and increase penalties against the sex trafficker, including inclusion of sex trafficking as a tier 2 sex offender registration offense, crime subject to wire and electronic communication intercept, an offense for which property may be subject to forfeiture, and a crime not eligible for a deferred acceptance of a guilty plea or solo contendere plea. Grants criminal injury compensation to victims of sex trafficking. Entered into law as Act 206 on July 5, 2016.
IMUAlliance drafted and passed the following bills for the 2015 legislative session.
Senate Bill 265: Relating to sex trafficking, bans sexual slavery in Hawai'i by replacing the term "promoting prostitution in the first degree" with the term "sex trafficking," graded as a class A felony. Also includes the offense of sex trafficking in the department of the attorney general's statewide witness program, grants criminal injury compensation to sex trafficking victims, downgrades the penalty for prostitution committed by a person less than eighteen years of age at the time of the offense to a violation, incorporates the offense of sex trafficking into the list of offenses for which property may be subject to forfeiture, adds the offense of sex trafficking to the list of crimes for which an order to intercept wire or electronic communications is permitted, makes sex trafficking a tier 2 sex offense registration crime not eligible for a deferred acceptance of guilty plea or nolo contendere plea. Vetoed by Gov. David Ige on July 13, 2015.
Senate Bill 273: Relating to identification cards, helps homeless people obtain or replace state identification cards by requiring the examiner of drivers to accept a sworn statement from a victim services organization, an attorney, a member of the clergy, correctional institution staff, a medical or health professional, or a verification letter from a homeless service provider as documentary evidence of a homeless person's address. Also mandates the Director of Transportation's rules to direct the examiner of drivers to waive all fees for original or renewal identification cards for homeless individuals upon verification of homeless status and establishes a working group to develop a plan to enable homeless individuals in the State to obtain necessary documentary evidence. Entered into law as Act 243 on July 14, 2015.
IMUAlliance drafted and passed the following bills during the 2014 legislative session.
House Bill 1926: Relating to crime, raises penalties for child sexual exploitation and sexual misconduct by police by amending the offense of prostitution to include sadomasochistic abuse under the definition of "sexual conduct" and clarifying that a law enforcement officer shall not be exempt from the offense if the law enforcement officer engages in sexual penetration or sadomasochistic abuse while acting in the course and scope of duties, eliminating the "mistake of age" defense and allowing reverse stings for solicitation of a minor for prostitution, increasing fine for solicitation of a minor for prostitution to $5,000, and expanding enhanced sentences for repeat violent and sexual offenders. Eliminates deferred acceptance of guilty plea or nolo contendere plea for solicitation of a minor for prostitution. Entered into law as Act 114 on June 20, 2014.
House Bill 1750: Relating to public order, bans "revenge porn" in Hawai'i by expanding the offense of violation of privacy in the first degree to include knowingly disclosing an image or video of another identifiable person either in the nude or engaging in sexual conduct without the consent of the depicted person with intent to harm substantially the depicted person. Entered into law as Act 116 on June 20, 2014.
House Bill 2038: Relating to human trafficking, increases funds for human trafficking victims by establishing the human trafficking victim services fund to be administered by the department of labor and industrial relations to provide support and services to such victims. Entered into law as Act 119 on June 20, 2014.
IMUAlliance drafted and passed the following bills during the 2013 legislative session.
Senate Bill 192: Relating to prostitution, raises penalties for child sexual exploitation by making solicitation of a minor for prostitution a crime. Increases the statute of limitations to bring a cause of action for coercion into prostitution from two to six years. Clarifies the minimum and maximum fine for a person convicted of committing the offense of prostitution. Adds the offenses of solicitation of a minor for prostitution, habitual solicitation of prostitution, and solicitation of prostitution near schools and public parks under the State's forfeiture laws. Amends the definition of "sexual offense" under the sexual offender registry laws to include acts that consist of the solicitation of a minor who is less than eighteen years of age for prostitution. Requires registration with the sexual offender registry for conviction of solicitation of a minor for prostitution as a tier 1 offense. Entered into law as Act 247 on July 1, 2013.
Senate Bill 194: Relating to criminal procedure, closes legal loopholes for johns by adding offenses related to solicitation of prostitution to the list of state offenses ineligible for deferred acceptance of guilty pleas. Entered into law as Act 53 on April 25, 2013.
House Bill 1068: Relating to human trafficking, increases awareness of human trafficking and outreach to potential victims by requiring strip clubs and hostess bars to display a poster that provides specified information relating to human trafficking and the National Human Trafficking Resource Center hotline. Establishes penalties for violations of the poster requirement. Entered into law as Act 245 on July 1, 2013.
House Bill 1187: Relating to human trafficking, increases services for child victims of human trafficking by including minor victims of sex and labor trafficking within the scope of the Child Protective Act and laws relating to the State's child abuse law, and designating January as Human Trafficking Awareness Month. Entered into law as Act 246 on July 1, 2013.