SB2813

SECTION 1. The legislature finds that domestic abuse and those who perpetrate it are an extreme threat to society. The legislature further finds that domestic abuse is a widespread and serious issue that affects individuals of all gender, ages, races, and socioeconomic backgrounds and is a significant public health and societal issue. The legislature also finds that domestic abuse causes severe physical, emotional, and psychological harm on its victims with further far-reaching effects on those around them, creating cycles of violence, intergenerational trauma, and social instability. In the State, ohana, or family, is foundational to society. However, domestic abuse undermines the integrity and well-being of family units, which in turn, undermines the stability of the State's society.

The legislature further finds that it is in the best interest of the State that the public be protected from individuals exhibiting abusive and aggressive behavior by requiring strict registration requirements of domestic abusers and public notification of the presence of these perpetrators.

Accordingly, the purpose of this Act is to establish a domestic abuse offender registry.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

registration of domestic abuse offenders and other covered offenders and public access to registration information

§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Agency having jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the department of corrections and rehabilitation, the Hawaii paroling authority, the courts, and the department of health.

"Attorney general" means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general.

"Chief of police" means the county chief of police, the county police department, or an authorized representative of the chief of police.

"Clean record" means no conviction for a felony or covered offense, and if placed on probation or parole, completion of probation or parole without more than one revocation.

"Conviction" means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered.

"Covered offender" means a person who has been convicted of the offense of abuse of a family or household members pursuant to section 709-906 or of a crime that has involved violence or threats against an individual who qualifies as a family or household member.

"Covered offense" means a criminal offense described in section 709-906 or a crime involving violence or threats against an individual who qualifies as a family or household member.

"Family or household member" has the same meaning as defined in section 709-906.

"Permanent residence" means a building, permanent structure or unit therein, or watercraft where the covered offender resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the offender owns, rents, or occupies with the consent of the owner.

"Registration information" means the information specified in section -2(c) and (d).

"Release" means release from:

(1) Imprisonment;

(2) Imprisonment and placed on parole;

(3) Imprisonment and placed on furlough;

(4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or

(5) A halfway house or other equivalent facility,

whichever is later.

"Temporary residence" means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the covered offender resides, but does not intend to reside for more than one hundred eighty days.

§ -2 Domestic abuse offender registry; established; registration requirements. (a) There is established within the department of the attorney general a domestic abuse offender registry.

(b) A covered offender shall register with the attorney general and comply with the provisions of this chapter for life or for a shorter period of time as provided by this chapter. Registration under this subsection shall be required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. A covered offender shall be eligible to petition the court in a civil proceeding for an order that the covered offender's registration requirements under this chapter be terminated pursuant to section -11.

(c) A person who establishes or maintains a residence in this State or who remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year, and who has not been designated as a covered offender by a court of this State but who has been designated as a covered offender in another state or jurisdiction and was, as a result of the designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a covered offender, shall register in the manner provided in this section. A person who meets the criteria of this subsection is subject to the requirements of this chapter for covered offenders and penalty provisions of section -10 until the person successfully petitions:

(1) The attorney general for termination of registration requirements by providing an order issued by the court that designated the person as a covered offender in the state or jurisdiction in which the order was issued, which states that the designation has been removed or demonstrates to the attorney general that the designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and the person does not meet the criteria for registration as a covered offender under the laws of this State; provided that if the person is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the person may appeal the decision pursuant to chapter 91; or

(2) The court for termination of registration requirements pursuant to section -11.

(c) Registration information for each covered offender shall include a signed statement by the covered offender containing:

(1) The name, all prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known and other identifying information, including date of birth and any alias date of birth, social security number and any alias social security number, sex, race, height, weight, hair and eye color, and blood type;

(2) The actual address and telephone number of the covered offender's permanent residence or the address of the covered offender's current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and for each address or place where the covered offender resides, how long the covered offender has resided there;

(3) The actual address or description of the place or area, the actual length of time of the stay, and telephone number where the covered offender is staying for a period of more than ten days, if other than the stated residence;

(4) If known, the future address and telephone number of the place where the covered offender is planning to reside, if other than the stated residence;

(5) Any electronic mail address, any instant message name, any internet designation or moniker, and any internet address used for routing or self-identification;

(6) Any cell phone number and other designations used for routing or self-identification in telephonic communications;

(7) Names and, if known, actual business addresses of current and known future employers, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration, and the starting and ending dates of any employment;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works, such as information about normal travel routes or the general area or areas in which the covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, employee, or student, and the starting and ending dates of any of these affiliations;

(11) The year, make, model, color, and license or registration or other identifying number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender and the address or description of the place or places where the covered offender's vehicle or vehicles are habitually parked, docked, or otherwise kept;

(12) Passports and information about the passports, if the covered offender has passports, and documents establishing immigration status and information about these documents, if the covered offender is an alien;

(13) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(14) A statement indicating whether the covered offender has received or is currently receiving treatment ordered by a court of competent jurisdiction or by the Hawaii paroling authority;

(15) A statement indicating whether the covered offender is a United States citizen;

(16) Any additional identifying information about the covered offender; and

(17) The statement signed by the covered offender pursuant to subsection (e).

(d) The following information shall also be included in the registry for each covered offender:

(1) A current photograph of the covered offender;

(2) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

(3) Confirmation that the covered offender has provided digitized fingerprints and palm prints of the covered offender;

(4) Judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed documenting the criminal offense or offenses for which the covered offender is registered;

(5) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered;

(6) The criminal history of the covered offender, or an electronic link to the criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the covered offender;

(7) Confirmation that the covered offender has provided a DNA buccal swab sample as required by chapter 844D;

(8) Confirmation that the covered offender provided a sample of saliva and two samples of blood for the purpose of secretor status;

(9) Digitized copies of a valid driver's license or identification card issued to the covered offender, or an electronic link to such records; and

(10) Digitized copies of passports and documents establishing immigration status, or an electronic link to such records.

(e) Whenever a covered offender provides registration information, during initial registration as a covered offender or when providing notice of a change in registration information, the covered offender shall sign a statement verifying that all of the registration information is accurate and current. The covered offender shall provide in the signed statement the following information:

(f) In addition to the requirement under subsection (b) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present. Registration under this subsection is for the purpose of providing the covered offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after the earliest of:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Conviction for a covered offense, unless incarcerated;

(6) Release on probation;

(7) Placement on parole; or

(8) Arrival in a county in which the covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (b), a covered offender shall report in person every year, within thirty days from the offender's date of birth, to the chief of police where the covered offender resides, or to any other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and other department or agency designated by the attorney general to take a current photograph of the offender.

§ -3 Access to registration information. (a) Registration information shall be disclosed as follows:

(1) The information shall be disclosed to a law enforcement agency 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 public information as provided in subsection (b) 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 the purposes of this section, "public information" means:

(1) Name, prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known;

(2) The year of the covered offender's date of birth and the year of the covered offender's alias dates of birth;

(3) A physical description of the covered offender that includes any particular identifying characteristics, including scars or tattoos;

(4) The actual address where the covered offender resides or any current, temporary address where the covered offender resides or, if an address is not available, a description of any place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and, for each address or place where the covered offender resides, how long the covered offender has resided there;

(5) The actual address or description of the place or area where the covered offender is staying for more than ten days, if other than the stated residence, and the actual length of time of the stay;

(6) The future actual address, if known, where the covered offender is planning to reside, if other than the stated residence;

(7) The street name and zip code of the covered offender's current locations of employment, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated as a faculty member, employee, or student, and the starting and ending dates of any of these affiliations;

(11) The year, make, model, color, and license number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender, excluding vehicles operated exclusively for purposes of work;

(12) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(13) Judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed documenting the criminal offense or offenses for which the covered offender is registered;

(14) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered; and

(15) A recent photograph of the covered offender.

The identity of any victim of the covered offense shall not be disclosed and any documentation containing this information shall be redacted to prevent disclosure.

(c) To facilitate community notification, after a covered offender registers or updates a registration, the attorney general may provide public information in the registry about that offender to any organization, company, or individual who requests notification pursuant to procedures established by the attorney general through rules adopted pursuant to chapter 91.

(d) A covered offender may seek correction of erroneous public information by petitioning the attorney general to make the correction. If the covered offender is not satisfied with the decision of the attorney general on the request for correction, the covered offender may appeal the decision pursuant to chapter 91.

(e) Public access to a covered offender's public information shall be permitted with regard to each covered offender beginning the next working day following the filing of a judgment of conviction, a finding of unfitness to proceed or an acquittal due to mental disease, disorder, or defect, for a covered offense, or as soon thereafter as is practical. When a notice of appeal has been filed, the public information shall note that the covered offender has filed a notice of appeal. The public information shall be removed upon the reversal of the covered offender's conviction or the granting of a pardon to the covered offender.

(f) Public access authorized by this section shall be provided by both public internet access and on-site public access; provided that on-site public access shall be provided for each covered offender at the Hawaii criminal justice data center and at one or more designated police stations in each county, to be designated by the attorney general, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, excluding holidays.

(g) Public access to the public information for each covered offender shall be permitted while the covered offender is subject to domestic abuse registration, except that after forty years have elapsed after release or sentencing, whichever is later, a covered offender may petition the court in a civil proceeding to terminate public access. In the civil proceeding to terminate public access, the State shall be represented by the attorney general; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State to represent the State. For covered offenders who have never been convicted of a covered offense within the State of Hawaii, the attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the covered offender resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:

(1) The covered offender has had no new convictions for covered offenses;

(2) The covered offender is very unlikely to commit a covered offense ever again; and

(3) Public access to the covered offender's public information will not assist in protecting the safety of the public or any member thereof;

provided that a denial by the court for relief pursuant to a petition under this section shall preclude the filing of another petition for five years from the date of the last denial.

(h) If a covered offender has been convicted of only one covered offense and that covered offense is a misdemeanor and was not committed against a minor, the covered offender shall not be subject to the public access requirements set forth in this section.

(i) The following message shall be posted at both the site of internet access and on-site public access locations:

"Information regarding covered offenders is permitted pursuant to chapter . Public access to this information is based solely on the fact of each offender's criminal conviction and is not based on an estimate of the offender's level of dangerousness. By allowing public access to this information, the State makes no representation as to whether the covered offenders listed are dangerous. Any person who uses the information in this registry to injure, harass, or commit a criminal act against any person included in the registry may be subject to criminal prosecution, civil liability, or both."

(j) The public access provisions of this section shall apply to all covered offenders without regard to the date of conviction.

(k) For the purposes of this section, "conviction" means:

(1) A judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor;

(2) A finding of unfitness to proceed resulting in the release of the covered offender into the community, excluding a finding as to a minor; or

(3) An acquittal due to a physical or mental disease, disorder, or defect pursuant to chapter 704 resulting in the release of the covered offender into the community, excluding an acquittal as to a minor.

§ -4 Duties upon discharge, parole, or release of a domestic abuse offender. (a) Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a covered offender has been committed pursuant to a conviction, or an acquittal or finding of unfitness to proceed pursuant to chapter 704, for a covered offense, and each judge, or that judge's designee, who continues bail for or releases a covered offender following sentencing and the entry of a judgment of conviction, who releases a covered offender on probation or who discharges a covered offender upon payment of a fine, and each agency having jurisdiction, shall, prior to the discharge, parole, or release of the covered offender:

(1) Explain to the covered offender the duty to register and the consequences of failing to register under this chapter;

(2) Obtain from the covered offender all of the registration information required by this chapter;

(3) Inform the covered offender that if at any time the covered offender changes any of the covered offender's registration information, the covered offender shall notify the attorney general of the new registration information in writing within three working days;

(4) Inform the covered offender that, if at any time the covered offender changes residence to another state, the covered offender shall register the new address with the attorney general and also with a designated law enforcement agency in the new state, if the new state has a registration requirement, within the period of time mandated by the new state's sex offender registration laws;

(5) Obtain and verify fingerprints, samples of saliva and blood, and a photograph of the covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration; provided that any samples of saliva and blood shall be analyzed and the results shall be recorded, preserved, and disseminated in a manner established by the Hawaii criminal justice data center;

(6) Require the covered offender to sign a statement indicating that the duty to register has been explained to the covered offender; and

(7) Give one copy of the signed statement and one copy of the registration information to the covered offender.

(b) No covered offender required to register under this chapter shall be discharged, released from any confinement, or placed on parole or probation unless the requirements of subsection (a) have been satisfied and all registration information required under section -2 has been obtained.

(c) An agency having jurisdiction over the covered offender shall obtain documentation of any treatment the covered offender received for a mental disease, defect, or disorder, if any, and any additional physical identifying factors, including scars or tattoos, to be included in the covered offender's registration information.

(d) Notwithstanding any law to the contrary, a copy of the signed statement and one copy of the registration information shall be transmitted to the attorney general within three working days.

(e) Following receipt of the information from the agency having jurisdiction over the covered offender, the attorney general immediately shall enter the information into a statewide record system, unless the information has been previously entered into a statewide record system, and notify the county police department or appropriate law enforcement agency having jurisdiction where the covered offender expects to reside.

(f) A covered offender shall report in person every three years to the chief of police where the covered offender's residence is located or to any other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and any other department or agency designated by the attorney general to take a current photograph of the offender.

(g) The chief of police shall transmit any covered offender registration information required by this chapter to the attorney general, by entering the information into a statewide record system, if the information has not previously been entered into the system, and also shall provide the attorney general with a photograph and fingerprints of the covered offender, taken at the time the covered offender registers with the chief of police.

§ -5 Domestic abuse offender; release from incarceration; notification to appropriate county police department; required. A domestic abuse offender who is released from incarceration or shall register, in person, with the chief of police of the police department of the county in which the offender resides or expects to be remain in for not less than thirty days, within three days from the date that the offender arrives in the county.

§ -6 Periodic verification of registry information. (a) A covered offender who has registered a permanent residence address to which the United States Postal Service will deliver mail or a permanent residence and a registered post office box, during the first week of the months of January, April, July, and October of every year, the attorney general shall mail a nonforwardable verification form to the last reported permanent residence address or post office box of the covered offender. Upon receipt of the verification form:

(1) The covered offender shall sign the verification form and state that the covered offender still resides at the address last reported to the attorney general and that no other registration information has changed or shall provide the new information; and

(2) The covered offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form.

(b) For the covered offender who has registered:

(1) A temporary residence address;

(2) A description of a place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period;

(3) No place of residence; or

(4) A permanent residence address, to which the United States Postal Service will not deliver mail, and has no registered post office box,

during the first week of the months of January, April, July, and October of every year, the covered offender shall report to the chief of police where the covered offender resides, or to any other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of administration of this section, and shall review the existing information in the registry that is within the covered offender's knowledge, correct any information that has changed or is inaccurate, and provide any new information that may be required.

§ -7 Requirement to register a change of residence; verification by the attorney general. (a) A covered offender required to register under this chapter, who changes their residence after an initial registration with the attorney general, shall notify the attorney general of their new address in writing within three working days of the change.

(b) If a covered offender leaves the State and establishes a new residence in another state that has a registration requirement, the person shall register with the designated law enforcement agency in the state to which the person moves, within ten days.

(c) For the purposes of this section, a covered offender shall be deemed to have established a new residence during any period in which the covered offender is absent from their registered residence for ten or more days.

§ -8 Notification by the attorney general of changes in residence. Immediately, and in no event, not later than ten days after receiving notice of a change of registration information, the attorney general shall report the change of registration information by a covered offender required to register under this chapter to the county police department where the covered offender is residing. If the person changes residence to another state, the attorney general also shall notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.

§ -9 Good faith immunity. A law enforcement agency, its employees, and state and county officials shall be immune from liability for good faith conduct under this chapter.

§ -10 Registry requirements; failure to comply; penalties. (a) A person commits the offense of failure to comply with covered offender registration requirements if the person is required to register under this chapter and the person:

(1) Recklessly fails to comply with the requirements of this chapter; or

(2) Intentionally or knowingly fails to comply with the requirements of this chapter.

(b) A person who recklessly commits the offense of failure to comply with covered offender registration requirements shall be guilty of:

(1) A misdemeanor for a first offense; and

(2) A class C felony for a second or subsequent offense.

(c) A person who knowingly or intentionally commits the offense of failure to comply with covered offender registration requirements shall be guilty of a class C felony.

§ -11 Termination of registry requirements; compliance. (a) Tier 2 offenses. A covered offender who has been convicted of:

(1) Two or more separate offenses under section 709-906 or that involve a crime of violence or threats against an individual who qualifies as a family or household member; or

(2) An offense that resulted in the death or serious bodily injury of a person who qualifies as a family or household member,

shall register for life and shall not petition the court, in a civil proceeding, for termination of registration requirements.

(b) Tier 2 offenses. A covered offender who has maintained a clean record for the previous five years, excluding any time the offender was in custody or civilly committed, and who has substantially complied with the registration requirements of this chapter for the previous five years or for the five years that this chapter has been applicable, and who is not a repeat offender and has not been convicted of an offense described in subsection (a)(2) may petition the court, in a civil proceeding, for termination of registration requirements.

(c) In the civil proceeding for termination of registration requirements, the State shall be represented by the attorney general; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State to represent the State. For covered offenders who have never been convicted of a covered offense within the State, the attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the covered offender resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:

(1) The covered offender has met the statutory requirements of eligibility to petition for termination;

(2) The covered offender has substantially complied with registration requirements;

(3) The covered offender is very unlikely to commit a covered offense ever again; and

(4) Registration by the covered offender will not assist in protecting the safety of the public or any member thereof.

§ -12 Tolling. The time periods provided for in this chapter shall be tolled during any period of time the covered offender is committed or recommitted to prison or confined to a halfway house, or an equivalent facility, pursuant to a parole or probation violation."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the domestic abuse offender registry.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act shall apply to any acts committed prior to, on, or after its effective date.

SECTION 6. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2813
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII