STAND. COM. REP. NO. 1255

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1003

       H.D. 2

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1003, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Amend certain criminal offenses in the Penal Code to include conduct committed against domestic violence victims covered by protective orders or restraining orders;

 

     (2)  Establish class A and class B felonies for labor trafficking offenses, a nonpayment of wages offense, and an unlawful conduct with respect to documents offense; and

 

     (3)  Establish provisions related to prosecution of the new labor trafficking and related offenses.

 

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations Office of Community Services, Equality Now, The Pacific Survivor Center, Polaris Project, IMUAlliance, The Pacific Alliance to Stop Slavery, Hawaii Family Forum, Hawaii Catholic Conference, and eight individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that victims of domestic violence and labor trafficking are in need of added protection under Hawaii law.  For domestic violence victims, restraining orders or orders from police officers to abusers to leave the premises are intended to remove abusers from the vicinity of domestic violence victims and provide safety.  Your Committee believes that domestic violence victims are particularly vulnerable when they attempt to disengage from their abusers and at such time, violence and the threat of violence are at their most extreme levels.  By increasing the penalties against abusers in these situations, your Committee believes that violent retaliation may be deterred and may help break victims from the cycle of violence.

 

     For victims of labor trafficking, your Committee understands that while there are federal remedies, federal law enforcement does not investigate small trafficking operations where there are only one or two victims.  Recent cases have highlighted that Hawaii is not immune from this type of inhumane treatment of others.  Your Committee believes that legislation is appropriate to deal with labor trafficking on the state level but has concerns regarding whether grouping the issues of domestic violence and labor trafficking is the best way to do so.  Accordingly, your Committee believes that part II of the measure, pertaining to labor trafficking, should be separated from the provisions relating to domestic violence so that each issue may be addressed on its merits, rather than as part of a package of unrelated matters.  Your Committee finds that the provisions of part II of this measure may be inserted into another measure, H.B. No. 141, H.D. 1, so that each issue can be given the attention and thoughtful consideration it deserves.

 

     Therefore, your Committee has amended this measure by:

 

     (1)  Deleting part II of the measure, pertaining to labor trafficking; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1003, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1003, H.D. 2, S.D. 2.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair