CONFERENCE COMMITTEE REP. NO. 11-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 3037

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3037, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROMOTING PORNOGRAPHY FOR MINORS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to allow the prosecution of persons who provide pornographic materials to undercover law enforcement officers who represent themselves as minors for the purposes of undercover operations.

Your Committee on Conference finds that the Hawaii Internet Crimes Against Children Task Force, run by the Department of the Attorney General, in collaboration with various federal and county law enforcement agencies, regularly conducts undercover operations where undercover law enforcement officers pose as minors on the Internet to identify, locate, arrest, and prosecute offenders who solicit minors to engage in sexual activities. However, existing law only allows for prosecution if the pornographic material is sent to an actual minor. This measure will enhance law enforcement's efforts to combat crimes against children by allowing prosecution of those who disseminate pornographic materials to undercover law enforcement officers who pose as minors.

Your Committee on Conference has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 3037, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3037, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ DAVID A. TARNAS Chair

____________________________ BRANDON J.C. ELEFANTE Chair