SB2124

Report Title:

Sex Offender Registration and Notification

 

Description:

Provides for the formation of a criminal justice working group to formulate proposed legislation for the 2003 regular session to satisfy requirements imposed by the Hawaii supreme court in the Bani case.

THE SENATE	S.B. NO.	2124
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to sex offender registration and notification.

 

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

SECTION 1. The Hawaii Supreme Court on November 21, 2001 issued an opinion in State v. Bani, No. 22196, that struck down the public notification provision of chapter 864E, Hawaii Revised Statutes, as violating procedural due process requirements under article I, section 5, of the Hawaii Constitution. The consequence is more than a defective statute, because federal law provides that any state that fails to implement a notification program will not receive ten per cent of federal funding allocated to the State for drug control enforcement and to improve the functioning of the criminal justice system with emphasis on violent and serious offenders.

The purpose of this Act is to establish a criminal justice working group to propose legislation for the 2003 regular session to remedy the defective statute.

SECTION 2. (a) There is established a criminal justice working group, to be chaired by the attorney general or designee, composed of the:

(1) Chair of the senate committee on judiciary;

(2) Chair of the house committee on judiciary and Hawaiian affairs;

(3) Administrator of the Hawaii criminal justice data center or designee;

(4) Prosecuting attorney, or designee, of each county; and

(5) Chief of police, or designee, of each county.

(b) The criminal justice working group shall:

(1) Study and assess the legal issues raised by the Hawaii supreme court decision in State v. Bani;

(2) Review and consider testimony on measures in the 2002 regular session concerning the revision of chapter 846E, Hawaii Revised Statutes, to satisfy the requirements in State v. Bani;

(3) Formulate proposed legislation for introduction in the 2003 regular session; and

(4) Report on recommendations and proposed legislation to the legislature not later than November 1, 2002.

(c) The criminal justice working group shall disband after filing its report under subsection (b)(4).

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________