HB1926

Report Title:

Sex offenders; Constitutional Amendment

Description:

Proposes an amendment to Article III of the Hawaii State Constitution, granting plenary power to the legislature over issues of sex offender definition, sex offender registration, and public dissemination of sex offender registration information.

HOUSE OF REPRESENTATIVES	H.B. NO.	1926
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

PRoposing an amendment to article iii of the hawaii state constitution, to grant plenary power to the legislature in matters of sex offender definition, registration, and public dissemination of sex offender registration information.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to Article III of the Constitution of the State of Hawaii to grant the legislature plenary power over matters of sex offender definition, sex offender registration, and public dissemination of sex offender registration information.

SECTION 2. Article III of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"SEX OFFENSES; DEFINITIONS AND NOTIFICATION

SECTION . Notwithstanding any other provision of this Constitution, the Legislature shall have plenary power to define as a sexual offender any person convicted of, found unfit to proceed with regard to, or acquitted due to a physical or mental disease, disorder, or defect of, what the legislature may choose to define as a sexually violent offense or a criminal offense against a victim who is a minor, regardless of whether such conviction, finding, or acquittal shall be pursuant to the laws of the State of Hawaii, the laws of any other state, country, or military law.

Notwithstanding any other provision of this Constitution, the legislature shall have plenary power to require any sex offender to register with the attorney general or any other person, entity, or authority, determine the nature of such registration requirements, provide for periodic verification of registration information and the circumstances pursuant to which a sex offender would need to register a change of registration information, provide for appropriate verification of registration information, provide for access to and disclosure of registration information, including but not limited to, any relevant information that is necessary to protect the public, determine the duties upon discharge, parole, or release, of a sex offender from any institution to which a sex offender has been committed pursuant to a conviction, acquittal due to a physical or mental disease, disorder, or defect, or pursuant to a finding of unfitness to proceed, and provide criminal penalties for any violation of any registration law passed pursuant to this provision."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the legislature be granted the power to define sex offenders and require registration and public dissemination of the registration information of such sex offenders?"

SECTION 4. New statutory material is underscored.

SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________
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