Bill Text: HI HB2235 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prostitution; Motion to Vacate Judgment

Spectrum: Slight Partisan Bill (Democrat 14-5)

Status: (Introduced - Dead) 2012-02-17 - (H) Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Herkes, Kawakami, M. Lee, Mizuno, Morikawa excused (5). [HB2235 Detail]

Download: Hawaii-2012-HB2235-Amended.html

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STAND. COM. REP. NO.  86-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 2235

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 2235 entitled:

 

"A BILL FOR AN ACT RELATING TO PROSTITUTION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect survivors of human trafficking by:

 

     (1)  Authorizing a person convicted of committing the offense of prostitution to file a motion to vacate the conviction under certain circumstances; and

    

     (2)  Establishing procedures for the motion to vacate.

 

     Two concerned individuals supported the measure.  The Pacific Alliance to Stop Slavery, IMUAlliance, and Tahirih Association supported the measure with amendments.  The Honolulu Police Department opposed the measure.  A concerned individual offered comments on the measure.

 

     Your Committee notes the concerns raised by the Honolulu Police Department that the measure would allow anyone convicted of prostitution and other related offenses to file a motion to vacate a conviction based on having been a victim of promoting prostitution in either the first degree or in the second degree, which would allow anyone convicted of prostitution who had a "pimp" or was otherwise assisted by someone who advances or profits from prostitution, to file the motion.  The Honolulu Police Department, however, expressed that it does not oppose the measure as it applies to those whose conviction is the result of victimization by promoting prostitution in the first degree only or by any other form of force, threat, fraud, or intimidation.

 

     Your Committee has amended this measure by:

 

(1)  Changing its effective date to July 1, 2050, to promote further discussion; and

    

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

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2235, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2235, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

 

		____________________________ JOHN M. MIZUNO, Chair