SB412

SECTION 1. The legislature finds that sex trafficking is a form of modern-day slavery. According to a 2018 report published by Arizona State University and Hawaii state commission on the status of women, it is estimated that one of every eleven adult male residents of Hawaii are online sex shoppers. The report also estimated that there were 74,362 potential sex buyers in Hawaii. Moreover, Imua Alliance, a victim service provider for survivors of sex trafficking and sexual violence, estimates that one hundred fifty establishments participate in the commercial sex trade in the State, increasing the high risk for sex trafficking. During the COVID-19 pandemic, a service provider for sex trafficking victims in Hawaii reported seeing a three hundred per cent increase in demand for services.

The legislature additionally finds that Native Hawaiians and Pacific Islanders are disproportionately overrepresented in the State's sex trafficking survivor population. In a survey conducted by the Hawaii state commission on the status of women and Arizona State University, sixty-four per cent of individuals identified as victims of sexual exploitation possessed at least partial Native Hawaiian ancestry. According to the report, "[t]he overutilization of Native Hawaiians to meet sex buyer demand may be directly linked to structural economic coercion and vulnerabilities connected to land dispossession, exposure to sexual violence, hypersexualization, incarceration, cultural dislocation, intergenerational trauma, mental and emotional distress, racism, poverty, and ongoing inequities".

Accordingly, the purpose of this Act is to support survivors of sex trafficking by converting the human trafficking services fund to a human trafficking reparations fund to provide direct financial assistance to survivors of sex and labor trafficking.

SECTION 2. Section 706-650.5, Hawaii Revised Statutes, is amended to read as follows:

"§706-650.5 Human trafficking [~~victim services~~] reparations fund. (1) In addition to any disposition authorized by chapter 706, any individual who is:

(a) Convicted of an offense under part VIII of chapter 707; or

(b) Convicted of an offense under part I of chapter 712;

shall be ordered to pay a fee under subsection (2).

(2) Fees for individuals subject to subsection (1) shall not exceed the following:

(a) $5,000 when the offense is a class A felony;

(b) $2,500 when the offense is a class B felony;

(d) $500 when the offense is a misdemeanor; or

(e) $250 when the offense is a petty misdemeanor.

(3) There is established within the state treasury a special fund to be known as the human trafficking [~~victim services~~] reparations fund to be administered by the department of [~~labor and industrial relations.~~] human services. The disbursement of money from the human trafficking [~~victim services~~] reparations fund shall be used to [supplement programs, grants, or purchase of service contracts that support or provide comprehensive services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712. Moneys in the special fund shall be used for new or existing programs, grants, or purchase of service contracts and shall not supplant any other moneys previously allocated to these programs, grants, or purchase of service contracts.] provide direct financial assistance to victims of labor trafficking crimes under part VIII of chapter 707 and victims of trafficking related to crimes under part I of chapter 712, which may include but not be limited to assistance with housing, health care, mental health services, child care, educational and occupational programs, transportation, or direct cash payments.

(4) All fees paid and interest accrued on funds collected pursuant to this section shall be deposited into the human trafficking [~~victim services~~] reparations fund.

(5) When a defendant is ordered to make payments in addition to the human trafficking [~~victim services~~] reparations fee authorized under subsection (2), payments by the defendant shall be made pursuant to section 706-651.

(6) The department of human services shall establish a process through which victims of labor trafficking crimes under part VIII of chapter 707 and victims of trafficking related to crimes under part I of chapter 712 may request financial assistance from the human trafficking reparations fund.

[~~(6)~~] (7) The department of [~~labor and industrial relations~~] human services shall submit to the legislature no later than twenty days prior to the convening of each regular session a written annual report that provides the following:

(a) An accounting of the receipts of and expenditures from the human trafficking [~~victim services~~] reparations fund; and

(b) Any recommendations to improve support of and services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712."

SECTION 3. Section 706-651, Hawaii Revised Statutes, is amended to read as follows:

"[[]§706-651[]] Payments by defendant; order of priority. When a defendant is ordered to make payments pursuant to chapters 351, 706, 846F, and 853, or as otherwise provided by law, payments shall be made in the following order of priority:

(1) Restitution;

(2) Crime victims compensation fee;

(3) Probation services fee;

(4) Human trafficking [~~victim services~~] reparations fee;

(5) Other fees, including but not limited to internet crimes against children fee and drug demand reduction assessment fee;

(6) DNA analysis monetary assessment; and

(7) Fines."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	412
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII