STAND. COM. REP. NO. 760

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1342

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 1342 entitled:

 

"A BILL FOR AN ACT RELATING TO ILLEGAL GAMBLING,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Include under the offense of promoting gambling in the first degree the act of hosting activities that advance gambling activity on real property; and

 

     (2)  Require the forfeiture of real property to the State if the real property was used to promote gambling in the first degree by a person in at least three separate incidents and the person was convicted for at least three of those incidents.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and two individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that illegal gambling presents a serious risk to public safety and welfare.  This is especially true of establishments that chronically house illegal gambling activities.  Although your Committee finds that real property owners, managers, or others who knowingly host gambling activity on real property under their authority or control should be subject to heightened penalties, your Committee notes that under section 712A-5(2)(a), Hawaii Revised Statutes, real property may be subject to forfeiture if the covered offense is chargeable as a felony offense under state law; therefore, this measure makes it more difficult for the State to pursue forfeiture against real property used to host illegal gambling activities because of the requirement of three criminal convictions.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Removing language that would have required the forfeiture of real property to the State if the real property was used to promote gambling in the first degree by a person in at least three separate incidents and the person was convicted for at least three of those incidents;

 

     (2)  Expanding the scope of "hosting activities" to include organizing or promoting gambling activities, receiving or entertaining others engaging in gambling, or providing services and resources to others who engage in gambling; and

 

     (3)  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 that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1342, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1342, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

________________________________

KARL RHOADS, Chair