STAND. COM. REP. NO. 3054

Honolulu, Hawaii

RE: H.B. No. 2051

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2051, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROTECTION FOR VICTIMS OF HUMAN TRAFFICKING,"

begs leave to report as follows:

The purpose of this measure is to establish offenses relating to human trafficking and provide related definitions.

This measure also provides victims of trafficking defenses to certain offenses that they may have been forced to commit. This measure also requires the Attorney General to report to the Legislature annually regarding human trafficking. Last, this measure establishes a task force to compile and review information from other states regarding support for victims of human trafficking and requires that the task force recommend changes to Hawaii law and programs.

Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission, the Department of the Prosecuting Attorney for the City and County of Honolulu, Best Medical-Legal Nurse Consultants, Your Group, Na Loio Immigrant Rights and Public Interest Legal Center, the Hawaii Women's Coalition, the Hawaii Family Forum, the Hawaii Catholic Conference, the Hawaii State Commission on the Status of Women, Safe Zone Foundation, Girl Fest Hawaii, Planned Parenthood of Hawaii, the Sex Abuse Treatment Center, Soroptimist International of Waikiki, Inc., and four individuals. The Attorney General and the Department of Health submitted comments on this measure.

Your Committee finds that this measure attempts to integrate anti-trafficking provisions, modeled after federal statutes, into the existing Hawaii Penal Code. As this measure moves on to the Committee on Ways and means, the Committee on Judiciary and Hawaiian Affairs would like to recognize the concerns raised regarding this measure; however, the Committee on Judiciary and Hawaii Affairs is most concerned that the task force established by this measure survive. The Committee on Judiciary and Hawaiian Affairs' priority is to promote a task force that will return to the legislature with strong, uniform proposed legislation to address the problem of human trafficking.

Your Committee has amended this measure in accordance with testimony submitted by the Attorney General to:

(1) Require the Attorney General to work with the existing Hawaii Anti-Trafficking Task Force to expand its membership and its role;

(2) Require the anti-trafficking task force include the Attorney General or the Attorney General's designees instead of the Attorney General, a designated deputy, and a program specialist;

(3) Modify section 7(c) to allow the task force to seek any federal grant money that may become available and that may help the task force accomplish its activities; and

(4) Make technical, nonsubstantive changes for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2051, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2051, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

 

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

____________________________

COLLEEN HANABUSA, Chair