STAND. COM. REP. NO.  786-22

 

Honolulu, Hawaii

                , 2022

 

RE:   H.B. No. 2197

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2197 entitled:

 

"A BILL FOR AN ACT RELATING TO GAMBLING,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend:

 

     (1)  The offenses of promoting gambling in the first and second degree to a class B felony and class C felony, respectively, without the possibility of probation or suspension of sentence; and

 

     (2)  The requisite state of mind for these offenses from knowingly to criminal negligence.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

 

     Your Committee finds that illegal gambling houses have a profoundly negative impact on communities across the State, particularly residential neighborhoods.  Illegal gambling houses have been shown to attract and foster violence, illicit drugs, sex trafficking, and other dangerous activities.  By strengthening the criminal penalties for promoting gambling in the first and second degree, your Committee believes that persons who work at illegal gambling houses will be deterred from participating in the illegal enterprise.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting language that would have:

 

          (A)  Changed the requisite state of mind for the offenses of promoting gambling in the first and second degree to criminal negligence; and

 

          (B)  Prohibited the possibility of probation or suspension of sentence for the offenses of promoting gambling in the first and second degree;

 

     (2)  Excluding the offenses of promoting gambling in the first and second degree from qualifying for deferred acceptance of guilty plea or nolo contendere plea; and

 

     (3)  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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2197, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2197, H.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair