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HI HB577

Bill

Status

Introduced

1/24/2011

Primary Sponsor

Henry Aquino

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Creates new labor trafficking statutes establishing class A felony for labor trafficking in the first degree (using force, fraud, debt bondage, document confiscation, or coercion to obtain labor) and class B felony for labor trafficking in the second degree (aiding or benefiting from labor trafficking ventures).

  • Establishes mandatory restitution to victims equal to the greater of gross income from their labor or minimum wage under Hawaii or federal law, with obligation surviving victim departure from jurisdiction.

  • Creates class C felony for nonpayment of wages when employers willfully fail to pay employees $2,000 or more, with misdemeanor penalties for amounts under $2,000, plus mandatory restitution and fines of $2,000-$10,000.

  • Authorizes extended prison sentences of 2-15 additional years for labor trafficking convictions involving bodily injury, with sentencing considerations including length of servitude and number of victims.

  • Adds labor trafficking offenses to forfeiture statutes, wiretap authorization provisions, and organized crime/racketeering definitions; creates separate felony for unlawful destruction or confiscation of identification documents used to control victims.

Legislative Description

Labor Trafficking; Nonpayment of Wages; Crimes

Last Action

(H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Carroll, Herkes, McKelvey excused (3).

2/18/2011

Committee Referrals

Judiciary2/18/2011
Labor & Public Employment1/24/2011

Full Bill Text

No bill text available