CONFERENCE COMMITTEE REPORT NO. 37

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 616
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 616, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO PROSTITUTION," 

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.

     Your Committee finds that those who promote prostitution
often leave their victims with life-long physical, emotional, and
financial scars.  These may take the form of personal injury,
disease, or even death; mental or emotional harm; medical and
rehabilitation expenses; and the loss of past or future income
and earning capacity.  Your Committee further finds that the
potential financial gains for those who coerce others into
prostitution are so large that many persons evidently consider
such coercion more than worth the risk of criminal prosecution.
The added threat of civil liability, including payment of actual
and exemplary damages, will serve as an additional deterrent to
the promotion of prostitution.

 
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     Upon further consideration, your Committee has amended this
measure by:

     (1)  Reinserting a findings and purpose section from the
          S.B. No. 616, S.D. 1;

     (2)  Reinserting language from the S.D. 1 that included
          coercion of an individual to remain in prostitution or
          to relinquish earnings from prostitution as a basis for
          liability;

     (3)  Reinserting a provision from the S.D. 1 that excepted
          minor children dependent on an individual for support
          from potential liability for coercing that individual
          to collect or receive earnings from prostitution;

     (4)  Reinserting a provision from the S.D. 1 that included
          restriction of movement as evidence supporting a claim
          of coercion; and

     (5)  Reinserting a provision from the S.D. 1 that included
          defining the terms of an individual's employment in a
          way that could lead to the individual's prostitution,
          as evidence supporting a claim of coercion of a minor.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 616, S.D. 1, H.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 616, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
PAUL OSHIRO, Co-Chair              AVERY B. CHUMBLEY, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
NESTOR GARCIA, Member              MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC HAMAKAWA, Member              LES IHARA, JR., Member

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______________________________     ______________________________
ROY M. TAKUMI, Member              WHITNEY ANDERSON, Member



______________________________
EMILY J. AUWAE, Member

 
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