SB 292: Sexual Exploitation; Safe Harbor Protections; Medical or Law Enforcement Assistance
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-07-01: Act 261, on 07/01/2025 (Gov. Msg. No. 1364).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill creates safe-harbor protections for survivors of sexual exploitation who seek medical or police help, so they cannot be arrested, charged, prosecuted, convicted, have property seized, or otherwise punished for prostitution-related offenses when the evidence came from seeking that help. "Seeking medical or police assistance" includes calling 911, contacting medical or reproductive-health providers, or caring for someone while waiting for responders.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. (CD1)
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 7/1/3000. (HD2)
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 4/23/2057. (HD1)
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 4/23/2057. (SD1)
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
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THE SENATE |
S.B. NO. |
292 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO SEXUAL EXPLOITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and the Hawaii state commission on the status of women, one out of every eleven adult male residents of the State are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in the State. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the coronavirus disease 2019 pandemic, a service provider for sex trafficking victims in the State reported seeing a three hundred per cent increase in demand for services.
The legislature additionally finds that Pacific Islanders, specifically Native Hawaiians, are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of sex trafficking victims identified as having at least partial Native Hawaiian ancestry. According to the report, "overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and ongoing inequities".
The legislature further finds that victims of sex trafficking should not be criminalized for their own exploitation. Immunizing sex trafficking survivors from being faced with the prospect of prosecution advances the delivery of social services and trauma-informed care for those in need. It would also help to end the social stigma that retraumatizes survivors of sexual exploitation, while empowering victims to obtain financial security for the harm that they have endured and pursue legal persons and commercial entities that profit from exploitation.
Accordingly, the purpose of this Act is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution [is] shall be a petty misdemeanor; provided
that if the person who commits the offense under subsection (1) is a
minor, prostitution [is] shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may make an order converting the unpaid portion of the fine to community service as authorized by section 706‑605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) 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). 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.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 3. Section 712-1206, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1206[]] Loitering
for the purpose of engaging in or advancing prostitution. (1)
For the purposes of this section[, "public]:
"Public place"
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building [which] that fronts on any of the aforesaid places, or a
motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to
[or repeatedly], stops, or [repeatedly] attempts to stop[,]
or [repeatedly attempts to] engage passers-by in conversation[, or
repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of
prostitution as that term is defined in section 712-1200[,] shall be
guilty of a violation.
(3)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to,
[or repeatedly] stops, or [repeatedly] attempts to engage
passers-by in conversation[, or repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing
prostitution as that term is defined in section 712-1201(1) [is] shall
be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
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] the 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 a 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 a 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) 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.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"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) 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.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Sexual Exploitation; Safe Harbor Protections; Medical or Law Enforcement Assistance
Description:
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
292 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
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||
A BILL FOR AN ACT
RELATING TO SEXUAL EXPLOITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and the Hawaii state commission on the status of women, one out of every eleven adult male residents of the State are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in the State. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the coronavirus disease 2019 pandemic, a service provider for sex trafficking victims in the State reported seeing a three hundred per cent increase in demand for services.
The legislature additionally finds that Pacific Islanders, specifically Native Hawaiians, are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of sex trafficking victims identified as having at least partial Native Hawaiian ancestry. According to the report, "overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and ongoing inequities".
The legislature further finds that victims of sex trafficking should not be criminalized for their own exploitation. Immunizing sex trafficking survivors from being faced with the prospect of prosecution advances the delivery of social services and trauma-informed care for those in need. It would also help to end the social stigma that retraumatizes survivors of sexual exploitation, while empowering victims to obtain financial security for the harm that they have endured and pursue legal persons and commercial entities that profit from exploitation.
Accordingly, the purpose of this Act is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution [is] shall be a petty misdemeanor; provided
that if the person who commits the offense under subsection (1) is a
minor, prostitution [is] shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may make an order converting the unpaid portion of the fine to community service as authorized by section 706‑605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) 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). 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.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 3. Section 712-1206, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1206[]] Loitering
for the purpose of engaging in or advancing prostitution. (1)
For the purposes of this section[, "public]:
"Public place"
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building [which] that fronts on any of the aforesaid places, or a
motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to
[or repeatedly], stops, or [repeatedly] attempts to stop[,]
or [repeatedly attempts to] engage passers-by in conversation[, or
repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of
prostitution as that term is defined in section 712-1200[,] shall be
guilty of a violation.
(3)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to,
[or repeatedly] stops, or [repeatedly] attempts to engage
passers-by in conversation[, or repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing
prostitution as that term is defined in section 712-1201(1) [is] shall
be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
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] the 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] no 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 a 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 a 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) 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.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"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) 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.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Sexual Exploitation; Safe Harbor Protections; Medical or Law Enforcement Assistance
Description:
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
292 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SEXUAL EXPLOITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and the Hawaii state commission on the status of women, one out of every eleven adult male residents of the State are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in the State. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the coronavirus disease 2019 pandemic, a service provider for sex trafficking victims in the State reported seeing a three hundred per cent increase in demand for services.
The legislature additionally finds that Pacific Islanders, specifically Native Hawaiians, are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of sex trafficking victims identified as having at least partial Native Hawaiian ancestry. According to the report, "overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and ongoing inequities".
The legislature further finds that victims of sex trafficking should not be criminalized for their own exploitation. Immunizing sex trafficking survivors from being faced with the prospect of prosecution advances the delivery of social services and trauma-informed care for those in need. It would also help to end the social stigma that retraumatizes survivors of sexual exploitation, while empowering victims to obtain financial security for the harm that they have endured and pursue legal persons and commercial entities that profit from exploitation.
Accordingly, the purpose of this Act is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution [is] shall be a petty misdemeanor; provided
that if the person who commits the offense under subsection (1) is a
minor, prostitution [is] shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may make an order converting the unpaid portion of the fine to community service as authorized by section 706‑605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) 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). 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.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 3. Section 712-1206, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1206[]] Loitering
for the purpose of engaging in or advancing prostitution. (1)
For the purposes of this section[, "public]:
"Public place"
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building [which] that fronts on any of the aforesaid places, or a
motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to
[or repeatedly], stops, or [repeatedly] attempts to stop[,]
or [repeatedly attempts to] engage passers-by in conversation[, or
repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of
prostitution as that term is defined in section 712-1200[,] shall be
guilty of a violation.
(3)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to,
[or repeatedly] stops, or [repeatedly] attempts to engage
passers-by in conversation[, or repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing
prostitution as that term is defined in section 712-1201(1) [is] shall
be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
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] the 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] no 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 a 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 a 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) 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.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"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) 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.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on April 23, 2057.
Report Title:
Sexual Exploitation; Safe Harbor Protections; Medical or Law Enforcement Assistance
Description:
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 4/23/2057. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
292 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SEXUAL EXPLOITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and the Hawaii state commission on the status of women, one out of every eleven adult male residents of the State are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in the State. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the COVID-19 pandemic, a service provider for sex trafficking victims in the State reported seeing a three hundred per cent increase in demand for services.
The legislature additionally finds that Pacific Islanders, specifically Native Hawaiians, are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of sex trafficking victims identified as having at least partial Native Hawaiian ancestry. According to the report, "overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and going inequities".
The legislature further finds that victims of sex trafficking should not be criminalized for their own exploitation. Immunizing sex trafficking survivors from being faced with the prospect of prosecution advances the delivery of social services and trauma-informed care for those in need. It would also help to end the social stigma that retraumatizes survivors of sexual exploitation, while empowering victims to obtain financial security for the harm that they have endured and pursue legal persons and commercial entities that profit from exploitation.
Accordingly, the purpose of this Act is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution [is] shall be a petty misdemeanor; provided
that if the person who commits the offense under subsection (1) is a
minor, prostitution [is] shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may make an order converting the unpaid portion of the fine to community service as authorized by section 706‑605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) 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). 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.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 3. Section 712-1206, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1206[]] Loitering
for the purpose of engaging in or advancing prostitution. (1)
For the purposes of this section[, "public]:
"Public place"
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building [which] that fronts on any of the aforesaid places, or a
motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to
[or repeatedly], stops, or [repeatedly] attempts to stop[,]
or [repeatedly attempts to] engage passers-by in conversation[, or
repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of
prostitution as that term is defined in section 712-1200[,] shall be
guilty of a violation.
(3)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to,
[or repeatedly] stops, or [repeatedly] attempts to engage
passers-by in conversation[, or repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing
prostitution as that term is defined in section 712-1201(1) [is] shall
be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
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) 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.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"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) 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.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on April 23, 2057.
Report Title:
Sexual Exploitation; Safe Harbor Protections; Assistance
Description:
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. Effective 4/23/2057. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
292 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SEXUAL EXPLOITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and the Hawaii state commission on the status of women, one out of every eleven adult male residents of Hawaii are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in Hawaii. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the coronavirus disease 2019 pandemic, a service provider for sex trafficking victims in Hawaii reported seeing a three hundred per cent increase in demand for services.
The legislature additionally finds that Pacific Islanders, specifically Native Hawaiians, are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of sex trafficking victims identified as having at least partial Native Hawaiian ancestry. According to the report, "overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and going inequities".
The legislature further finds that victims of sex trafficking should not be criminalized for their own exploitation. Immunizing sex trafficking survivors from being faced with the prospect of prosecution advances the delivery of social services and trauma-informed care for those in need. It would also help to end the social stigma that retraumatizes survivors of sexual exploitation, while empowering victims to obtain financial security for the harm that they have endured and pursue legal persons and commercial entities that profit from exploitation.
The purpose of this Act is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
SECTION 2. Section 712-1200, Hawaii Revised Statutes, is amended to read as follows:
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3)
Prostitution [is] shall be a petty misdemeanor; provided
that if the person who commits the offense under subsection (1) is a
minor, prostitution [is] shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may make an order converting the unpaid portion of the fine to community service as authorized by section 706‑605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) 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). 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.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 3. Section 712-1206, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1206[]] Loitering
for the purpose of engaging in or advancing prostitution. (1)
For the purposes of this section[, "public]:
"Public place"
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building [which] that fronts on any of the aforesaid places, or a
motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to
[or repeatedly], stops, or [repeatedly] attempts to stop[,]
or [repeatedly attempts to] engage passers-by in conversation[, or
repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of
prostitution as that term is defined in section 712-1200[,] shall be
guilty of a violation.
(3)
Any person who remains or wanders about in a public place and repeatedly
[beckons]:
(a) Beckons to,
[or repeatedly] stops, or [repeatedly] attempts to engage
passers-by in conversation[, or repeatedly stops];
(b) Stops or
attempts to stop motor vehicles[,]; or [repeatedly interferes]
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing
prostitution as that term is defined in section 712-1201(1) [is] shall
be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
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] no 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) 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.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"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) 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.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Sexual Exploitation; Safe Harbor Protections; Assistance
Description:
Establishes safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Jul 1, 2025 | Act 261, on 07/01/2025 (Gov. Msg. No. 1364). |
| Jul 1, 2025 | Act 261, 07/01/2025 (Gov. Msg. No. 1364). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 23) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 23). |
| Apr 22, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Marten, Poepoe, Amato, Kapela, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 22, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 21, 2025 | Conference committee meeting scheduled for 04-22-25 3:15PM; Conference Room 325. |
| Apr 16, 2025 | Received notice of Senate conferees (Sen. Com. No. 809). |
| Apr 16, 2025 | Senate Conferees Appointed: Rhoads Chair; San Buenaventura, Awa. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 731). |
| Apr 14, 2025 | House Conferees Appointed: Marten, Poepoe Co-Chairs; Amato, Kapela, Garcia. |
| Apr 3, 2025 | Received notice of disagreement (Sen. Com. No. 481). |
| Apr 3, 2025 | Senate disagrees with House amendments. |
| Apr 3, 2025 | Received from House (Hse. Com. No. 433). |
| Apr 2, 2025 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Mar 31, 2025 | Forty-eight (48) hours notice Wednesday, 04-02-25. |
| Mar 31, 2025 | Reported from JHA (Stand. Com. Rep. No. 1729) as amended in HD 2, recommending passage on Third Reading. |
| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Cochran, Hashem. |
| Mar 18, 2025 | Bill scheduled to be heard by JHA on Thursday, 03-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 13, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Holt, Ward, Woodson excused (4). |
| Mar 13, 2025 | Reported from HSH (Stand. Com. Rep. No. 1209) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Mar 7, 2025 | Bill scheduled to be heard by HSH on Tuesday, 03-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to HSH, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 122) in amended form (SD 1). |
| Mar 4, 2025 | Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Report adopted; Passed Second Reading, as amended (SD 1). |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 815) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading. |
| Feb 6, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Chang. |
| Jan 31, 2025 | The committee(s) on JDC has scheduled a public hearing on 02-06-25 9:15AM; Conference Room 016 & Videoconference. |
| Jan 27, 2025 | Re-Referred to JDC. |
| Jan 21, 2025 | Referred to PSM/HHS, JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 14, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 2, 2025 | Third Reading | House Floor |
Passed |
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| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
|
| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 6, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
|
Position
|
Date
|
|---|---|---|
| City and County of Honolulu | *** Support | Feb 5, 2025 |
| Department of the Prosecuting Attorney for the City and County of Honolulu | ** Support | |
| Hawaii State Commission on the Status of Women | ** Support | |
| Honolulu Police Department | ** Support | |
| Imua Alliance | ** Support | |
| Kingdom of The Hawaiian Islands | *** Support | Mar 20, 2025 |
| Office of Hawaiian Affairs | ** Support | |
| Ohana Unity Party | ** Support | |
| Rights4Girls | ** Support | |
| Sex Workers Outreach Project of Hawaiʻi | ** Support | |
| Tagnawa | ** Support |
CONFERENCE COMMITTEE REP. NO. 23
Honolulu, Hawaii
, 2025
RE: S.B. No. 292
S.D. 1
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 292, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL EXPLOITATION,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
Your Committee on Conference finds that often, victims of sexual exploitation may be afraid to seek assistance or cooperate with law enforcement due to the trauma they have experienced or the fear of being prosecuted for offenses they may have committed. This measure establishes safe harbor protections for survivors to allow victims of sexual trauma to access professional help without the fear of facing prosecution from law enforcement.
Your Committee on Conference has amended this measure by:
(1) Making it effective upon its approval; and
(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 292, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 292, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ LISA MARTEN Co-Chair |
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____________________________ KARL RHOADS Chair |
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____________________________ MAHINA POEPOE Co-Chair |
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STAND. COM. REP. NO. 1729
Honolulu, Hawaii
, 2025
RE: S.B. No. 292
S.D. 1
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 292, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL EXPLOITATION,"
begs leave to report as follows:
Your Committee finds that sex trafficking remains a serious issue in the State. However, criminalizing survivors only deepens their suffering, creating barriers to seeking help and perpetuating stigma. This measure establishes safe harbor protections to ensure that survivors can access medical care, law enforcement assistance, and support services without the threat of prosecution.
Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 292, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 292, S.D. 1, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 1209
Honolulu, Hawaii
, 2025
RE: S.B. No. 292
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. 292, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL EXPLOITATION,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawaii State Commission on the Status of Women; Department of the Prosecuting Attorney for the City and County of Honolulu; Tagnawa; Imua Alliance; Rights4Girls; Sex Workers Outreach Project of Hawaiʻi; Ohana Unity Party; and two individuals.
Your Committee finds that sex trafficking remains a serious issue in the State. Survivors often face significant barriers to seeking help, including fear of prosecution, stigma, and a lack of access to trauma-informed care. This measure establishes safe harbor protections to ensure that survivors who seek medical or law enforcement assistance are not criminalized for their exploitation and, instead, given the opportunity to access support, seek justice, and rebuild their lives.
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. 292, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 292, 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,
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____________________________ LISA MARTEN, Chair |
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STAND. COM. REP. NO. 815
Honolulu, Hawaii
RE: S.B. No. 292
S.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 S.B. No. 292 entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL EXPLOITATION,"
begs leave to report as follows:
The purpose and intent of this measure is to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Honolulu Police Department, Imua Alliance, and two individuals.
Your Committee finds that sex trafficking is a profoundly prevalent crime in the State. Additionally, the COVID-19 pandemic saw demand for sex exploitation victim services in the State increase by more than three hundred percent. Your Committee further finds that over thirty states have existing safe harbor protections for sex trafficking victims. This measure will support survivors of sexual exploitation by providing legal protections when those survivors seek emergency services.
Your Committee has amended this measure by:
(1) Inserting an effective date of April 23, 2057, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
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 S.B. No. 292, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 292, S.D. 1, 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 |
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Date
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Testimony PDF
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|---|---|
| Mar 20, 2025 | SB292_HD1_TESTIMONY_JHA_03-20-25_.PDF |
| Mar 11, 2025 | SB292_SD1_TESTIMONY_HSH_03-11-25_.PDF |
| Feb 5, 2025 | SB292_TESTIMONY_JDC_02-06-25_.PDF |
Discussed in Hearing
2MIN
Conference Committee
6MIN
