HOUSE OF REPRESENTATIVES

H.B. NO.

946

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to HUMAN trafficking.

 

 

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

 


     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part VIIi.  HUMAN TRAFFICKING

     §707-   Definitions.   For the purposes of this part:

     "Advance" means knowingly causing or aiding a person to commit human trafficking or sexual human trafficking by:

     (a) Procuring or soliciting patrons for commercial sex acts to be performed by victims of human trafficking or sexual human trafficking;

     (b)  Providing trafficked persons for the purpose of performing commercial sex acts;

     (c)  Permitting a premises, either owned by a person or under that person's control to be regularly used for commercial sex acts performed by victims of human trafficking;

     (d)  Managing, supervising, controlling or owning, either alone or in association with others, a business or enterprise with the intent to profit from human trafficking or sexual human trafficking; or

     (e)  Engaging in any other conduct designed to institute, aid, or facilitate an act or enterprise of human trafficking or sexual human trafficking.

     "Commercial sex act" means any sexual contact or sexual penetration, as defined by 707-700, on account of which anything of value is given to or received by any person.

     "Forced labor or services" means labor or services that are performed or provided by a person and are obtained or maintained through fraud or any of the means listed in subdivision 10 below.

     "Fraud" means making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in commercial sex acts.

     "Intent to profit" means the intent to obtain monetary gain.

     "Maintain' means to secure continued performance of the commercial sex acts or forced labor or services regardless of any initial agreement on the part of the trafficked person to perform such commercial sex acts or labor or services.

     "Minor" means any person less than eighteen years old.

     "Transport" or "transportation" means to move any distance, however slight, and shall not require proof of any specific minimum distance.

     §707-     Human trafficking in the first degree.  (1) a person commits the offense of human trafficking in the first degree if the person recruits, harbors, transports, provides or obtains another person and deprives or violates the personal liberty of that other person with the intent to obtain forced labor or services.

     (2)  Except as provided in subsection (3), human trafficking in the first degree is a Class B felony.

     (3)  A violation of this section in which the victim of human trafficking is a minor is a Class A felony.

     §707-     Sexual human trafficking in the first degree.  (1) A person commits the offense of sexual human trafficking in the first degree if the person recruits, harbors, transports, provides or obtains another person and deprives or violates the personal liberty of that other person for the purpose of a commercial sex act in violation of sections 712-1202, 707-1203, 707-1204, 707-730, 707-731, 707-732, and 707-733.

     (2)  A violation of this section is a class A felony.

      §707-     Sexual human trafficking in the second degree.  (1) a person commits sexual human trafficking in the second degree if the person knowingly advances or obtains monetary gain from sexual human trafficking.

     (2)  A violation of this section is a class B felony.

     §707-     Civil actions for damages to victims of human trafficking.  (1)  A victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief.  A prevailing plaintiff may also be awarded attorney's fees and costs.

     (2)  In addition to the remedies specified herein, in any action under subsection (1), the plaintiff may be awarded up to three times his or her actual damages, or $10,000, whichever is greater.  In addition, punitive damages may also be awarded upon proof of the defendant's malice, oppression, fraud, or duress in committing the act of human trafficking.

     (3)  An action brought pursuant to this section shall be commenced within five years of the date on which the trafficking victim was freed from the trafficking situation, or if the victim was a minor when the act of human trafficking against the victim occurred, within eight years after the date the plaintiff attains the age of majority.

     (4)  If a person entitled to sue is under a disability at the time the cause of action, then the duration of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action.

    (a)  Disability includes being a minor, insanity, imprisonment, or other incapacity or incompentence;

    (b)  The statute of limitations shall not run against an incompetent or minor plaintiff simply because a guardian ad litem has been appointed.  A guardian ad litem's failure to bring a plaintiff's action within the applicable limitation period will not prejudice the plaintiff's right to do so after his or her disability ceases;

    (c)  A defendant may not assert a defense of the statute of limitations when the expiration of the statute due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff;

    (d)  The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to other related claims arising out of the trafficking situation.

    (e)  The running of the statute of limitations is postponed during the pendency of any criminal proceedings against the victim; and

    (f)  The running of the statute of limitations may be suspended where a person entitled to sure could not have reasonably discovered the cause of action due to circumstances resulting from the trafficked situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.

     (5)  A prevailing plaintiff may also be awarded reasonable attorney's fees and litigation costs including expert witness fees and expenses.

     (6)  Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.

     As used in this section, a "criminal action" includes investigation and prosecution, and is pending until a final adjudication in the trial court, or dismissal."

     SECTION 2.  Section 28-101, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The attorney general shall establish a statewide witness program through which the attorney general may fund or provide for the security and protection of a government witness or a potential government witness in an official proceeding or investigation where the attorney general determines that an offense such as those described in sections 710-1071 (intimidating a witness), 710-1072 (tampering with a witness), or 710-1072.2 (retaliating against a witness) is likely to be committed or which involves great public interest.  The attorney general may also fund or provide for the security and protection of the immediate family of, or a person otherwise closely associated with, such witness or potential witness if the family or person may also be endangered.  In determining whether such security and protection or funds are to be provided, the attorney general shall give greatest priority to official proceedings or investigations involving pending or potential organized crime, racketeering activity, sexual human trafficking or career criminal prosecutions."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before its effective date.

     SECTION 4.  If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Human Trafficking Offenses; Crime

 

Description:

Establishes class A, B, and C felony sexual human trafficking offenses and class A, B, and C felony labor trafficking offenses, and provisions related to prosecution of the offenses.  Establishes civil action for damages to victims of human trafficking.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.