STAND. COM. REP. NO.  536

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1784

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred H.B. No. 1784 entitled:

"A BILL FOR AN ACT RELATING TO CRIME,"

begs leave to report as follows:

     The purpose of this bill is to create the offense of human trafficking whereby a person knowingly subjects or attempts to subject a person to labor or services through threats, extortion or various other means.  This measure also establishes human trafficking as a violent crime and a crime subject to forfeiture provisions, and includes it as an activity that may constitute organized crime or racketeering activity.

     The Department of the Attorney General, Crime Victim Compensation Commission, Hawaii State Commission on the Status of Women, Department of the Prosecuting Attorney for the County of Maui, Hawaii Family Forum, Roman Catholic Church in the State of Hawaii, and a concerned individual testified in support of this bill.  Na Loio – Immigrant Rights and Public Interest Legal Center and a concerned individual supported the intent of this measure.  The Department of the Prosecuting Attorney for the City and County of Honolulu, Safe Zone Foundation, Girl Fest Hawaii, Equality Now, and several concerned individuals supported this bill with amendments.

     Your Committee has amended this bill by, among other things:

     (1)  Clarifying that sexual exploitation is not equated to legitimate labor or services;

     (2)  Clarifying the conditions under which extortion is considered in the offense of human trafficking;

     (3)  Removing provisions relating to financial harm and access to controlled substances;

     (4)  Removing the definitions of "debt bondage," and "restraint";

     (5)  Making any form of human trafficking a class A felony; and

     (6)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1784, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1784, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair