THE SENATE

S.B. NO.

2123

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HUMAN TRAFFICKING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The purpose of this Act is to alleviate the current gap in service for survivors of human trafficking by proposing a comprehensive plan that coordinates relevant state-funded programs.

SECTION 2. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"371-   National human trafficking resource center hotline; posting requirement; penalty. (a) An establishment shall post in a conspicuous location near the entrance to, or other area where posters and notices are customarily posted on the premises of the establishment, a poster at least eight and one-half inches by eleven inches in size that states the following:

"If someone you know is being forced to engage in activity- such as commercial sex, housework, farm work, or other similar activity- and cannot leave, call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

Victims of human trafficking are protected under federal and state law.

The hotline is:

(1) Available 24 hours a day, 7 days a week;

(2) Toll-free;

(3) Operated by a non-profit, non-governmental organization;

(4) Anonymous and confidential;

(5) Accessible in 170 languages; and

(6) Able to provide help, referral to services, training, and general information."

(b) For the purposes of this section, "establishment" means:

(1) Any entity that holds a liquor license pursuant to section 281-31, Hawaii Revised Statutes;

(2) An airport;

(3) A hospital;

(4) A health maintenance organization;

(5) A clinic;

(6) An urgent care center;

(7) A farm;

(8) A massage parlor; or

(9) A job recruitment center.

(c) The poster required to be posted under subsection (a) shall be printed in English, Spanish, and any other languages mandated by the Voting Rights Act of 1965, Public Law 89-110, in the county where the poster will be posted.

(d) The department shall make available on its public website an electronic version of the poster required under subsection (a) required for establishments to print.

(e) Any establishment that violates subsection (a) shall be fined not more than $1,000 for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided under this subsection shall be considered a civil action."

SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"712-   Forfeiture of motor vehicle. (1) In addition to any penalty that may be provided under this part, upon conviction of:

(a) Paying, agreeing to pay, or offering a fee to pay another person to engage:

(i) In sexual conduct under section 712-1200;

(ii) Street solicitation of prostitution in designated areas under section 712-1207; or

(iii) Solicitation of prostitution near schools or public parks under section 712-1209; or

(b) Advancing or profiting from prostitution by promoting prostitution in the first degree under section 712-1202 or promoting prostitution in the second degree under section 712-1203;

any motor vehicle used or intended for use by the person in the commission of, attempt to commit, or conspiracy to commit an offense under this section, or any motor vehicle that facilitated or assisted such activity shall be subject to forfeiture under chapter 712A.

(2) In addition to any other fines that may be imposed for a conviction under sections 712-1200, 712-1207, and 712-1209, the court shall impose an additional fine of $1,000, which shall be distributed as follows:

(a) $500 shall be deposited into the domestic violence and sexual assault special fund under section 321-1.3; and

(b) $500 shall be disbursed to the county in which the arrest occurred.

(3) In addition to any other fines that may be imposed under sections 712-1202 and 712-1203, the court shall impose an additional fine of $2,000, which shall be distributed as follows:

(a) $1,000 shall be deposited into the domestic violence and sexual assault special fund under section 321-1.3; and

(b) $1,000 shall be disbursed to the county in which the arrest occurred.

(4) For the purposes of this subsection, "motor vehicle" means every vehicle which is self-propelled or powered by electric power and shall not include vehicles operated upon rails."

SECTION 4. Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:

"712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:

(a) All offenses that specifically authorize forfeiture;

(b) Murder, kidnapping, labor trafficking, gambling, criminal property damage, robbery, bribery, extortion, theft, unauthorized entry into motor vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental drug, commercial promotion of marijuana, methamphetamine trafficking, manufacturing of a controlled substance with a child present, promoting child abuse, or electronic enticement of a child that is chargeable as a felony offense under state law;

(c) The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, [or] promoting prostitution, or solicitation of prostitution near public schools or public parks, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; [and]

(d) Paying, agreeing to pay, or offering to pay a fee to another to engage in sexual conduct in violation of chapter 712 and street solicitation of prostitution in designated areas, which is chargeable as a petty misdemeanor under state law; and

[(d)] (e) The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture."

SECTION 5. (a) There is established a working group within the department of the attorney general to develop a comprehensive state plan to coordinate services for survivors of human trafficking.

(b) The attorney general or the attorney general's designee shall oversee the working group and shall coordinate the development of the state plan on services for survivors of human trafficking. The working group shall consist of the following members or their designee:

(1) The director of human services;

(2) The executive director of the office of community services;

(3) A representative from the police department and the office of the prosecuting attorney of each county;

(4) Representatives from health care providers, social service agencies, and housing providers shall be requested to serve by the attorney general; and

(5) Other interested stakeholders may be selected by the attorney general.

(c) The working group shall create a state plan on the coordination of services for survivors of human trafficking. The activities of the working group shall include but not be limited to:

(1) Gathering and disseminating information to law enforcement agencies and the offices of the prosecuting attorney in each county, the department of the attorney general, the department of human services, the office of community services, nonprofit organizations, and the public on available services for survivors of human trafficking. Services for survivors of human trafficking shall include but not be limited to:

(A) Case management;

(B) Emergency temporary housing;

(C) Health care;

(D) Mental health counseling;

(E) Drug addiction screening and treatment;

(F) Language interpretation and translation services;

(G) English language instruction;

(H) Job training and placement assistance;

(I) Post-employment services and job retention;

(J) Transportation services; and

(K) Services to assist the individual and any of the individual's family members to establish permanent residency in the State of Hawaii or other localities in the United States;

(2) Identifying a single point of access for individuals or organizations that need assistance or guidance in navigating the processes and regulations of state agencies on services for survivors of human trafficking or projects that promote services for survivors of human trafficking;

(3) Designating the department of human services as the appropriate agency to provide services to income-qualified, United States citizens and "qualified immigrants" who are survivors of human trafficking and the office of community services as the appropriate agency to provide services to "disadvantaged, refugee, and immigrant" survivors of human trafficking;

(4) Identifying a single executive department or a division within a department to establish a program for coordinating services for survivors of human trafficking; and

(5) Proposing legislation and making recommendations to the governor regarding human trafficking.

(d) The attorney general shall submit a report of the working group's activities, including recommendations and proposed legislation, if any, to the legislature no later than twenty days prior to the convening of the regular session of 2014. The working group shall dissolve on June 30, 2014.

(e) For the purposes of this section, "survivor of human trafficking" means a person:

(1) Who has had or now has the condition or status of debt bondage, involuntary servitude, severe forms of trafficking in persons, or sex trafficking, as those terms are defined in title 22 United States Code section 7102;

(2) Whose prostitution was promoted or advanced by any of the means set forth in section 712-1202(1), Hawaii Revised Statutes; or

(3) Who was subject to performing labor or services by any of the means described in section 707-781(1), Hawaii Revised Statutes.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.



 

Report Title:

Survivors of Human Trafficking; Services; State Plan; Comprehensive Plan

 

Description:

Requires establishments to display an informational poster. Requires persons convicted of prostitution-related offenses to forfeit their motor vehicles used in the commission of the crime. Requires the attorney general to establish a working group to coordinate services for survivors of human trafficking and report on the activities of the working group to the legislature. Effective July 1, 2050. (SB2123 HD1)

 

 

 

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