Bill > HB896

This bill makes significant changes to Hawaii's laws regarding sex trafficking, primarily by introducing the possibility of capital punishment for certain sex trafficking offenses. The bill establishes a detailed process for imposing the death penalty or life imprisonment without parole for individuals convicted of sex trafficking, including a separate sentencing proceeding conducted by a jury. The jury must unanimously recommend the death penalty based on specific aggravating circumstances, such as creating a substantial risk of death to the victim or committing the offense while engaging in another felony. The bill also provides mitigating circumstances that can be considered, such as the defendant's age, lack of criminal history, or acting under extreme duress. Additionally, the legislation upgrades commercial sexual exploitation from a petty misdemeanor to a class A felony and makes conforming amendments to various other sections of Hawaii's legal code, including definitions of child abuse, harm, and sexual offenses. The bill ensures that any DNA evidence related to the case is preserved and provides for automatic Supreme Court review of death penalty sentences to ensure they were not imposed arbitrarily and are proportionate to similar cases.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=896&year=2025