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is one step away from becoming law. The bill would criminalize the trafficking of sex workers. But law enforcement, prosecutors and public defenders widely oppose the law, saying vague wording would make cases more difficult to prosecute. Proponents argue that current laws are too focused on punishing prostitutes, rather than their pimps or the men who solicit their services.

To see how Hawaii’s proposed law stacks up, Civil Beat compared it with one in New York that is regarded as among the most comprehensive anti-trafficking laws in the country. While any given law doesn’t exist in a vacuum, it’s helpful to review key points of different bills when both aim to address the same issue.

Since its passage in 2007, New York prosecutors have brought at least 28 indictments and produced seven convictions, according to Ken Franzblau, director of anti-trafficking initiatives for the group Equality Now, and a former coordinator for law enforcement training for the New York State Division of Criminal Justice Services.

Gov. Linda Lingle has until July 6 to make a decision about whether to allow SB 2045 to become law.

The Basics

New York:The 2007 law ushered in by created the crimes of sex and labor trafficking, and related penalties for each.

Hawaii: Senate Bill 2045 would create the crime of sex trafficking as Class A or Class B felonies, and related penalties.

Coercion

New York: Law broadens the definition of coercion, making it easier to convict traffickers, to include “threats of injury, property damage, unlawful imprisonment, accusations of crime or threats of deportation, exposing a secret, testifying or withholding testimony, using or abusing a public position, or other threats of harm.”

Hawaii: Hawaii broadens the definition of coercion to apply to anyone who uses or threatens to use “any form of domination, restraint, or control for the purpose of causing an individual to engage or remain in prostitution or sexually-explicit activity.” Despite broader definition, prosecutors say the bill could undermine their efforts.

Sex Tourism

New York: The passage of Senate Bill 5902 for the first time creates penalties for a person or business promoting so-called sex tours, or businesses that sell travel-related services intended to facilitate patronizing a prostitute.

Hawaii: Hawaii already has a sex tourism law. In 2004, Hawaii became the first state in the U.S. to criminalize “sex tourism” under .

Penalties For Solicitors

New York: Under 2007 law, the maximum jail time for the lowest charge of patronizing a prostitute increased from 60 days to one year.

Hawaii: Patronizing a prostitute is a petty misdemeanor for first offenders, with maximum sentencing of 30 days in jail.

Tools For Law Enforcement

New York: Sex trafficking can serve as the basis for wiretapping authorization.

Hawaii: No mention of wiretapping access in Senate Bill 2045, and no reference to prostitution or sex trafficking in Hawaii Revised Statutes Chapter 803, Section 44 on authorized wiretapping.

Sex Offender Registration

New York: Under the 2007 law, sex trafficking was added to the list of crimes for which a convicted defendant must register as a sex offender.

Hawaii: Senate Bill 2045 does not mandate a person convicted of sex trafficking register as a sex offender, though someone convicted of sexual assault in Hawaii might be required to list his or her name on a sex-offender registry.

Victims Services

New York: The law establishes comprehensive social services to address the needs of trafficking victims.

Hawaii: Hawaii’s proposed law makes prostitutes eligible for entry into the witness protection program, which prosecutors say has been underfunded by the Hawaii Legislature. SB 2045 does not mandate funding.

Foreign Victims

New York: Law enforcement officials are required to help foreign national victims obtain visas that allow them to remain in the country and become eligible for refugee assistance.

Hawaii: Hawaii’s proposed bill has no mention of protections for foreign national victims.

Amnesty For Trafficked Individuals

New York: A trafficked individual who could otherwise be charged as an accomplice to a trafficker (such as a prostitute turning in her pimp) is eligible for exoneration in some cases.

Hawaii: Trafficked individuals may face petty misdemeanor charges.

Oversight

New York: 2007 law mandated the creation of an interagency task force to help implement new measures. The task force gathers data and coordinates the training of law enforcement, social service providers and others.

Hawaii: If signed into law, SB 2045 would not provide for law enforcement training or interagency collaboration related to its implementation.