STAND. COM. REP. NO. 3847

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 2197

       H.D. 1

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 2197, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO GAMBLING,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Amend the offenses of promoting gambling in the first and second degree to a class B felony and class C felony, respectively; and

 

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

 

     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 American Civil Liberties Union of Hawaii and two individuals.  Your Committee received comments on this measure from the Office of the Public Defender.

 

     Your Committee finds that violent activity in and around illegal gambling houses has increased in recent years, with reports of armed robberies, stabbings, and shootings becoming more common place.  Your Committee further finds that in addition to violent crimes, illegal gambling houses are known for being drug and sex trafficking establishments.  This measure will guard the safety and welfare of the State's citizens, particularly in residential neighborhoods, by strengthening existing laws relating to the promotion of gambling.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the requisite state of mind for promoting gambling in the first degree to recklessness;

 

     (2)  Changing the requisite state of mind for promoting gambling in the second degree to criminal negligence;

 

     (3)  Removing language that would have excluded the offenses of promoting gambling in the first and second degree from qualifying for deferred acceptance of guilty plea or nolo contendere plea;

 

     (4)  Excluding simple gambling from the definition of advance gambling activity;

 

     (5)  Amending section 1 to reflect its amended purpose; and

 

     (6)  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 H.B. No. 2197, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2197, H.D. 1, 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