Report Title:
Sex Offender Registration
Description:
Makes statutory revisions to comply with the Hawaii Supreme Court's decision in State of Hawaii v. Eto Bani. (SB2698 HD1(A))
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THE SENATE |
S.B. NO. |
2698 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 846E-3, Hawaii Revised Statutes, is amended to read as follows:
"§846E-3 Access to registration information. (a) Registration information shall be disclosed as follows:
(1) The information shall be disclosed to law enforcement agencies for law enforcement purposes;
(2) The information shall be disclosed to government agencies conducting confidential background checks;
(3) The attorney general and any county police department shall release relevant information that is necessary to protect the public concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration under this chapter shall not be released.
(b) For purposes of this section, "relevant information that is necessary to protect the public" means:
(1) Name and all aliases used by the sex offender or under which the sex offender has been known;
(2) The street name and zip code where the sex offender resides and how long the sex offender has resided there;
(3) The street name and zip code where the sex offender is staying for more than ten days, if other than the stated residence;
(4) The future street name and zip code, if known, where the sex offender is planning to reside, if other than the stated residence;
(5) The street name and zip code of the sex offender's current locations of employment;
(6) The year, make, model, color, and license number of all vehicles currently owned or operated by the sex offender;
(7) A brief summary of the criminal offenses against victims who were minors and the sexually violent offenses for which the sex offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704; and
(8) A recent photograph of the sex offender.
(c) Relevant information that is necessary to protect the public shall be collected for purposes of making it available to the general public, and a sex offender shall have a diminished expectation of privacy in the information.
(d) Prior to release of a sex offender's relevant information under subsection (f), the State shall petition the court for an order permitting its release. The petition shall be filed with the court in which the offense was prosecuted, or, in the case where the offense did not occur in the state, in the circuit of the sex offender's residence with the court for which jurisdiction would be proper had the offense occurred in this state. The State shall have the burden of proving that the sex offender is required to register under this chapter. Proof by the State shall give rise to a presumption that release of relevant information is necessary to protect the public. The sex offender shall be given the opportunity to present evidence to rebut the presumption and to show that he or she does not represent a threat to the community and that public notification is not necessary.
If the court determines that public notification is necessary to protect the public, the court shall issue an order for the release of the information. The order shall set the time duration for which the public notification shall be allowed; provided that the time duration shall be at least a period of ten years. The court shall make written findings for the determination.
The court in making its determination shall consider the following factors:
(1) The offense involved the death or serious bodily injury of another person;
(2) The offense resulted in sentencing under the terms of section 706-606.5, 706-660.2, or 706-661;
(3) The offender has inexcusably failed to comply with terms and conditions of probation or parole;
(4) The victim was twelve years of age or younger at the time of the offense;
(5) The offender either prior to or subsequent to the offense requiring registration under this chapter, has been convicted, found unfit to proceed, or acquitted due to a physical or mental disease, disorder, or defect, of a sexual offense or an offense against children, including all offenses occurring in other jurisdictions;
(6) The offender has been convicted, found unfit to proceed, or acquitted due to a physical or mental disease, disorder, or defect, of a sexual assault as defined in section 707-730(1)(a) or an offense that is comparable in another jurisdiction;
(7) The offender who has inexcusably failed to register as a sex offender or who is otherwise not in compliance with this chapter; and
(8) The offender has been convicted of any crime since the conviction requiring the offender's registration.
(e) Subsections (d) and (f) shall not apply to offenders who have been convicted of a single misdemeanor sexual offense. Offenders convicted of multiple sexual offenses shall be subject to subsections (d) and (f).
[(d)] (f) The release of relevant information that is necessary to protect the public shall be accomplished by public access to a file containing the relevant information on each registered sex offender, a copy of which shall be provided for inspection upon request at the Hawaii criminal justice data center and at one or more designated police stations in each county, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays excluding holidays. The chief of police and the attorney general shall provide the relevant information on sex offenders upon payment of reasonable fees. Relevant information on each registered sex offender may also be released from an electronic database maintained by the respective law enforcement agencies that is accessible to users through an interactive computer-based system."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2002.