[707-787] Unlawful conduct with respect to documents. (1) A person commits unlawful conduct with respect to documents if the person knowingly:

(a) Destroys, conceals, removes, confiscates, or possesses any actual or purported government identification document of another person:

(i) In the course of a violation or attempt to commit an offense under section 707-781 or 707-782; or

(ii) To prevent or restrict, or in an attempt to prevent or restrict, without lawful authority, the ability of the other person to move or travel in order to maintain the labor or services of the other person, when the person is or has been the victim of an offense under section 707-781 or 707-782; or

(b) Destroys, conceals, removes, or confiscates any actual or purported government identification document of an employee.

(2) Unlawful conduct with respect to documents is a class C felony. [L 2011, c 146, pt of 1]

 

COMMENTARY ON 707-780 TO 707-787

 

Act 146, Session Laws 2011, established, among other things, a class A and class B felony offense for labor trafficking, an offense for nonpayment of wages, and an offense for unlawful conduct with respect to documents. The legislature found that Hawaii is one of only five states without a specific labor trafficking statute, yet labor trafficking has occurred at an unprecedented level in the State. Act 146 sent an unmistakable warning to individuals and entities engaged in labor trafficking and provided a clearer and more structured means for law enforcement agencies to protect and aid trafficking victims. Also, Act 146 would be a catalyst for law enforcement agencies, service providers, and other state agencies and community organizations to engage in needed training and education on labor trafficking. Conference Committee Report No. 77.

 

 

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