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HI HB577
Bill
Status
1/24/2011
Primary Sponsor
Henry Aquino
Click for details
AI Summary
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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).
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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.
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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.
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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.
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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