HB1777 SD1

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 young people 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 their traffickers and start new lives.

The legislature recognizes that, over the past decade, the commercial sexual exploitation of children has garnered greater attention in Hawaii and throughout the United States. Due to reporting requirements under federal and state law, the department of human services has received an increasing number of hotline calls from 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 believes that the statewide human trafficking coordinator, a position established within the department of the attorney general in May 2020, plays a vital function in the department's multidisciplinary approach to improving the State's anti-trafficking response.

Accordingly, the purpose of this Act is to require the department of the attorney general to establish a five-year commercial sexual exploitation of children data pilot program and provide annual reports to the legislature that are also made available to the public.

SECTION 2. (a) There is established within the department of the attorney general a five-year pilot program that shall collect, share, and report on data pertaining to the commercial sexual exploitation of children. Under the pilot program, the department of the attorney general, in consultation with the department of human services, shall develop guidelines for the collection, sharing, and reporting of data pertaining to the commercial sexual exploitation of children.

(b) The department of the attorney general shall collect the following data:

(1) The number of reports to state and national hotlines alleging the commercial sexual exploitation of children;

(2) The total number of suspected victims of commercial sexual exploitation of children, including:

(A) Demographic information including gender identity and expression, age, race, sexual orientation, and ethnicity;

(B) Whether the child experienced one or more of the following risk factors:

(i) Multiple instances or extended periods of having been a runaway from a guardian or caregiver;

(ii) Past history of sexual abuse; and

(iii) Prior or current substance abuse;

(C) Whether the child was or is currently served by the department of human services and the types of services provided; and

(D) Whether the child was or is currently a client of the family court;

(3) The total number of confirmed victims of commercial sexual exploitation of children, including:

(A) Demographic information including gender identity and expression, age, race, sexual orientation, and ethnicity;

(B) Whether the child had a third-party trafficker who advanced or profited from the commercial sexual exploitation of children;

(i) Multiple instances or extended periods of having been a runaway from a guardian or caregiver;

(ii) Past history of sexual abuse; and

(iii) Prior or current substance abuse;

(D) Whether the child was or is currently served by the department of human services and the types of services provided; and

(E) Whether the child was or is currently a client of the family court;

(4) Data collected by state-contracted providers, including:

(A) The types and aggregate costs of services provided to children who are suspected victims or confirmed victims of commercial sexual exploitation of children;

(B) Demographic information including gender, age, race, and ethnicity for children who are suspected victims or confirmed victims of commercial sexual exploitation of children;

(D) The number of children currently receiving each type of service; and

(E) The total number of children newly served by these providers during the fiscal year;

(5) The number of arrests by law enforcement agencies, open or pending prosecutions, and convictions obtained in the State, delineated by county, for crimes relating to the commercial sexual exploitation of children;

(6) The identification of any gaps in the State's ability to collect relevant data; and

(7) Recommendations for improving data collection and data sharing among service providers, non-governmental organizations, and government agencies, including law enforcement agencies.

(1) Share information with and provide all necessary assistance and cooperation to the department of the attorney general within the jurisdictional authority of the respective official, department, or agency; and

(2) Assist the department of the attorney general in carrying out its duties.

(d) Entities other than those in subsection (c) are encouraged but not required to collect specific data.

(e) No later than forty days prior to the convening of each regular session, the department of the attorney general shall submit a report on data pertaining to the commercial sexual exploitation of children and on its findings and recommendations, including any proposed legislation, relating to the commercial sexual exploitation of children data pilot program.

(f) The department of the attorney general shall make the underlying data and the report required by subsection (e) publicly available including by posting the information on its website.

(g) The pilot program shall terminate after five years of operation.

(h) 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.

"Confirmed victim" means a child who has been identified by a state-approved validated assessment tool as a victim of sex trafficking or severe forms of trafficking in persons as defined in section 350-1.

"Department" means the department of the attorney general.

"Suspected victim" means a child who is reasonably believed to be a victim of sex trafficking or severe forms of trafficking in persons as defined under section 350-1, but who has not been identified as a confirmed victim.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the establishment of a five-year commercial sexual exploitation of children pilot program.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2022.

HOUSE OF REPRESENTATIVES	H.B. NO.	1777
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII		S.D. 1