HOUSE OF REPRESENTATIVES |
H.B. NO. |
722 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HUMAN TRAFFICKING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that children in the State are vulnerable to sex trafficking and commercial sexual exploitation. Foster children and runaways with histories of abuse and neglect are at particularly high risk. LGBTQ+ youth, immigrants, undocumented workers, and youth suffering from mental illnesses and substance abuse issues are also highly vulnerable. Victims are often lured into sex trafficking through emotional manipulation and control, force, fraud, or threats. Sexually exploited children most often do not have the ability or resources to escape and start a new life.
The legislature recognizes that, in the last decade, the commercial sexual exploitation of children has garnered greater attention in Hawaii and throughout the United States. The department of human services has received an increasing number of calls on its hotline for witnesses or victims of child sex trafficking. However, because child sex trafficking is covert, it is difficult to accurately measure the scope of the problem, and exploited youth may not identify themselves as victims.
The legislature further finds that, in order to adequately serve children who have been sexually exploited, a statewide human trafficking program is needed to develop and utilize comprehensive interagency case management strategies, protocols, and a multi-disciplinary response that is both victim-centered and offender-focused. The department of the attorney general will provide leadership in addressing both commercial sexual exploitation and human trafficking more broadly.
Accordingly, the purpose of this Act is to:
(1) Require the department of the attorney general to address the needs of victims of human trafficking through the development of a statewide human trafficking program;
(2) Require the department of the attorney general to provide annual reports to the legislature on the State's efforts to address human trafficking and the commercial sexual exploitation of children; and
(3) Require the children's justice program to coordinate the investigation and case management of child human trafficking cases, including cases involving the sexual exploitation of children.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
§28-
Human trafficking program. (a) The
department of the attorney general shall develop and implement a program to prevent
and to assist victims of human trafficking. The program shall:
(1) Assess the current
needs of the State's anti-trafficking response and:
(A) Develop
a statewide strategy to prevent human trafficking; and
(B) Develop
a plan to provide increased support and assistance to victims of the commercial
sexual exploitation of children and victims of human trafficking;
(2) Implement statewide
strategies to address offender accountability through law enforcement efforts, prosecutions,
and crime prevention efforts;
(3) Promote
public awareness of:
(A) Human
trafficking and the commercial sexual exploitation of children;
(B) The
availability of services for victims of human trafficking; and
(C) The
availability of state and national hotlines for victims and witnesses;
(4) Produce and maintain
information materials, including a website, on the prevention of human trafficking
and the sexual exploitation of children and on the availability of public resources
for victims and witnesses;
(5) Develop and provide
comprehensive training on how to prevent, identify, and address human trafficking
and the commercial exploitation of children; and
(6) Apply for and monitor
federal funding for anti-trafficking efforts.
(b) The department shall submit an annual report to
the legislature no later than twenty days prior to the convening of each regular
session on the State's efforts to address human trafficking and the commercial sexual
exploitation of children. Each report shall
include:
(1) Plans to assist
county and state agencies in identifying and responding to victims;
(2) Best practices used
in other states to identify and serve victims;
(3) A comprehensive
evaluation of applicable programs and services currently offered by the State;
(4) Strategies for public
outreach and education;
(5) An assessment of
barriers that inhibit law enforcement, service providers, government agencies, and
non-governmental organizations in the State from supporting victims and holding
offenders accountable;
(6) A review of criminal
statutes in chapter 712 on prostitution and sex trafficking;
(7) Plans for a training
program for educators, community members, members of law enforcement entities, and
mandatory reporters of child abuse, including an outline of the training content
and an assessment of whether mandatory training is required and in what intervals;
(8) Statewide assessment
tools for first responders, medical professionals, and service providers for use
in identifying victims;
(9) Plans for prevention
strategies that mitigate the risk factors for victims and offenders;
(10) Recommendations
for enhancing statewide collaboration and coordination through multidisciplinary
teams, committees, and task forces;
(11) An analysis of the
existing data regarding trafficking, which may include but shall not be limited
to the following:
(A) Data
specific to the commercial sexual exploitation of children, including:
(i) The
number of reports to state and national hotlines alleging the sexual trafficking
of a minor;
(ii) The
total number of children suspected to be victims of sex trafficking, including demographic
information and information on whether each child was previously served by the department
or by the department of human services;
(iii) The
total number of children confirmed to be victims of sex trafficking, including demographic
information and information on whether each child was previously served by the department
or by the department of human services;
(iv) Data
collected by state-contracted providers, including the types and aggregate costs
of services provided to children who are suspected or confirmed victims of sex trafficking,
the number of children receiving each type of service, and the total number of new
children and families served through these providers; and
(v) The
number of prosecutions and convictions in the State, delineated by county, for crimes
related to human trafficking or the commercial sexual exploitation of children;
(B) Data
specific to sex and labor trafficking;
(C) The
identification of any gaps in the State's ability to collect data; and
(D) Recommendations
for improving data collection and data sharing among service providers, non-governmental
organizations, and government agencies, including law enforcement; and
(12) Any proposed legislation.
(c) Every public official and state and county department
shall render all necessary assistance and cooperation within the official's or department's
jurisdictional power to share information and to assist the program in carrying
out its duties under this part.
(d) As used in this section:
"Child" means a person under
eighteen years of age.
"Commercial sexual exploitation
of children" means any sexual activity involving a child for the exchange or
promise of anything of value by any person.
"Human trafficking" includes "severe forms of trafficking in persons", as defined in title 22 United States Code section 7102(11), and "sex trafficking", as defined in section 712-1202 and title 22 United States Code section 7102(12)."
SECTION 3. Section 588-1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The purpose of the program shall be to:
(1) Develop, achieve,
and maintain interagency and interprofessional cooperation and coordination in
the investigation [of] and case management of [intrafamilial and
extrafamilial] child sex abuse [and], serious physical child
abuse, and child human trafficking cases[;], including cases involving
the commercial sexual exploitation of children;
(2) Facilitate in an impartial manner the professional gathering of information by public and private agencies and their providers for court proceedings involving child victims and witnesses;
(3) Reduce to the absolute minimum the number of interviews of child sex abuse and child human trafficking victims so as to minimize revictimization of the child;
(4) Coordinate the therapeutic and treatment program for child sex abuse and child human trafficking victims and their families;
(5) Provide for a multidisciplinary team and case management approach which is focused first, on the alleged or suspected child sex abuse or child human trafficking victim's needs and conditions; second, on the family members who are supportive of the child and whose interests are consistent with the best interests of the child; and third, on law enforcement and prosecutorial needs;
(6) Provide for the training and continuing education of skilled professional interviewers of child sex abuse and child human trafficking victims; and
(7) Serve as the focus of information and referral for child sex abuse and child human trafficking programs."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2060.
Report Title:
Commercial Sexual Exploitation of Children; Human Trafficking; Attorney General; Prevention; Treatment
Description:
Establishes a statewide program overseen by the department of the attorney general to provide services and assistance to sexually exploited children and victims of human trafficking. Requires the attorney general to submit annual reports to the legislature. Requires the children's justice program to coordinate the investigation and case management of child human trafficking cases, including cases involving the sexual exploitation of children. Effective 7/1/2060. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.