Legal Corner

Supporting HB 1533 in Hawaii
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Supporting HB 1533 in Hawaii  
 
https://legiscan.com/HI/text/HB1533/id/1307682  
 
 
Measure Title:  
RELATING TO PROSTITUTION.  
Report Title:  
Repeals Penalties for Prostitution and Related Offenses; Consensual Adult Prostitution; Motion to Vacate the Conviction of Prostitution Offenses  
Description:  
Repeals the penalties for consensual adult prostitution and promotion of adult prostitution. Vacates convictions for conduct that is decriminalized and permits vacating convictions when defendant has no criminal convictions in the preceding three years.  
 
 
http://www.capitol.hawaii.gov/  
 
People can sign up for a password allowing them to submit online testimony on bills that have been scheduled for hearings.  A pre written document can easily be attached and uploaded at the sight.  It is advisable to note the name of the organization or individual in clear letters at the top of the testimony along with the word testimony.  This should be followed by referencing the bill # and the date, time, committee name, and room number relating to the hearing.  It should also clearly state support or oppose or concerns near the beginning.  Oral testimony can also be done at the hearing.  One should not read testimony that has already been submitted as the legislators will have that in front of them and will be annoyed listening to someone simply reading it.  
 
Update.  
 
Our three bills are in the legislative session, but nothing is guaranteed from here forward. Luckily all three are only referred to one committee, the Judiciary.  Pressure through letters, calls, emails, and faxes should be applied to get the respective committee chairs to agree to give the bills a hearing.  SB 264 is in the senate judiciary committee headed by Gilbert  
Keith-Agaran. This is the bill that deals with expunging a prior prostitution conviction for someone who has been out of trouble for three years.  We have some confidence in getting this passed.  The two house bills deal with zoning and a complete repeal of the various laws dealing with the acts of consenting adults.  Scott Nishimoto is the Chair.  They are controversial and the legislature seems to be afraid to touch them.  The zoning bill leaves in place the ability to create prostitute free zones  
while repealing two other similar laws.  The remaining law would now require a neutral judicial process to establish a zone with input from sex workers.  
 
 
 
To help clarify the situation in Hawaii  We have also included a press release  
 
 
PRESS RELEASE  
 
From the Libertarian Party  
 
 February 6, 2017  
 
 A lot of misinformation is being spread about HB 1533 that would decriminalized adult consensual sex work.  This bill does not repeal any law prohibiting sex trafficking or other forms of abuse outlined in our statutes.  It does not make it legal for minors to work in the sex trades. Removing the prohibition against police officers having sex with prostitutes as part of their investigation is done because the action would be moot if prostitution is no longer a crime.  I ask media sources who are reporting on the comments from sources such as Andrew Walden or Kathryn Xian to read the bill and look at the statutes that are affected and those that are not.    
 
   
The three statutes currently relating to promoting prostitution are listed  
below  
 
 terms.    
 
In sections 712-1202 and 712-1203:  
 
     (1)  A person "advances prostitution" if, acting other than as a prostitute or a patron of a prostitute, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an  
act or enterprise of prostitution.  
 
     (2)  A person "profits from prostitution" if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.  
 
   
Trafficking if the person knowingly:  
 
     (a)  Advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another; or  
 
     (b)  Advances or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently.  
 
     (2)  Sex trafficking is a class A felony.  
 
     (3)  As used in this section:  
 
     "Fraud" means making material false statements, misstatements, or  
omissions.  
 
     "Minor" means a person who is less than eighteen years of age.  
 
 
     "Threat" means any of the actions listed in section 707-764(1)."  
promoting prostitution in the second degree if the person knowingly advances or profits from prostitution.  
 
     (2)  Promoting prostitution in the second degree is a class B felony  
 
 
Under HB 1533 both section 712-1201 and 712-1202 remain in force. Only need to answer for what they mean by a pimp as this word has no legal definition.  Further, other than their personal moral view that prostitution  
is slavery regardless of the actual situation or views of the alleged  
 
should be a class B felony.    
 
 Please do not let people continue to get away with making false statements about this bill. Those with objections should be required to explain them in regards to what the bill actually says and does.    
 
   
For more information contact Tracy Ryan, Chair of the Libertarian Party of  
Hawaii  
 
1658 Liholiho St #205, Honolulu, HI 96822   (808) 534-1846  
[email protected]  
                           
                                       XXXXX

If these groups that march for women and wear pussy hats and vagina costumes were really concerned about all women, why don't they get behind legislation like this? Most sex workers are woman, and isn't it the purest form of  a woman's right to own her body?  
I would think that NOW and these other women's rights groups would be in huge support for this.

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