Honolulu, Hawaii
                                                     , 1999

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

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


     Your Committee on Judiciary, to which was referred S.B. No.
616 entitled: 


begs leave to report as follows:

     The purpose of this bill is to provide a civil cause of
action for damages by persons injured as a result of being
coerced into prostitution against those who coerced them.

     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.

     However, your Committee intends that certain factors, such
as promises of marriage or of financial gain, be used as evidence
for this cause of action only with regard to enticing a minor
into prostitution, and not serve as evidence of coercing an adult
to enter or remain in prostitution.  While adults may also be
affected by these types of persuasion, your Committee believes it

                                   STAND. COM. REP. NO. 898
                                   Page 2

is appropriate to draw a line between minors and adults as to
these acts, and expect adults to be more able than minors to
resist strong persuasion that falls short of actual coercion.

     Testimony in support of this measure was submitted by the
American Red Cross, the Hawaii Activities and Tours Association,
and six individuals.  Testimony in opposition to this measure was
submitted by the Libertarian Party of Hawaii.

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

     (1)  Removing certain factors from the list of items
          constituting evidence of coercion, and instead listing
          those factors as evidence of soliciting or inducing a
          minor to practice prostitution or promoting the
          prostitution of a minor; and

     (2)  Making technical, nonsubstantive changes for the
          purposes of clarity and style.

     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.
616 and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair