Criminal Justice (Human Trafficking)

Provides for a sentence of death or life imprisonment without possibility of parole upon a conviction for sex trafficking. Requires a separate sentencing proceeding by a jury, except if waived by the defendant, for a conviction for sex trafficking. Makes commercial sexual exploitation a class A felony. Makes conforming amendments.

Establishes the Hawaii Covert Operations Against Smuggling and Transnational Threats program with the Department of Law Enforcement to combat smuggling of drugs and weapons and human trafficking.

HB 689 establishes legal protections ("safe harbor") for survivors of sexual exploitation who seek medical care or contact law enforcement. It directly affects survivors by shielding them from legal consequences for actions related to their exploitation, such as possession of controlled substances or minor legal violations. The bill creates a clear pathway for survivors to access necessary services without fear of prosecution. It takes effect on July 1, 3000, as stated in the official abstract. This is a substantive policy change focused on survivor safety and access to support.

Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $50,000 but no more than $100,000, and a definite term of imprisonment of up to 20 years without the possibility of a suspended sentence, probation, or parole. Provides that consent to sexual conduct is not a defense. Defines "sexual conduct". Provides that a minor who reports that the minor is a victim of sex trafficking shall not be subject to criminal liability.

Amends the factors a family court is required to consider in deciding whether the family court may waive jurisdiction over a minor or adult held for criminal proceedings for acts committed during the person's minority. Preserves the family court's jurisdiction over a minor transferred for criminal proceedings for subsequent acts that would otherwise be within the family court's jurisdiction. Requires the family court to retain jurisdiction over a minor if the court finds by clear and convincing evidence that the minor was trafficked, sexually abused, or raped by the alleged victim in the case before or during the commission of the alleged offense. (CD1)

Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $200,000 but no more than $500,000, and a definite term of imprisonment of up to 20 years without the possibility of a suspended sentence, probation, or parole. Provides that consent to sexual conduct is not a defense. Defines "sexual conduct". Specifies that a minor who commits an offense under section 712-1207(1)(a), HRS, shall be guilty of a violation instead of a petty misdemeanor. Provides that a person who reports that the person is a victim of sex trafficking shall not be subject to criminal liability for an offense involving sex trafficking or prostitution. Increases the penalties for commercial sexual exploitation of a minor. Requires DHS to implement services and programs for survivors and training for law enforcement. Appropriates funds. Requires annual report.