STAND. COM. REP. NO. 1322

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 585
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Judiciary and Hawaiian Affairs and Public
Safety and Military Affairs, to which was referred S.B. No. 585,
S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO SEXUAL OFFENDERS,"

beg leave to report as follows:

     The purpose of this bill is to make a third offense of
sexual assault in the fourth degree a class C felony; to require
mandatory sex offender assessment and/or treatment; and to
require a mandatory minimum prison sentence.

     Your Committees received testimony in support of this bill
from the Department of Public Safety, the Department of the
Prosecuting Attorney for the City and County of Honolulu, and
concerned individuals.  Testimony in opposition to this bill was
received from the Office of the Public Defender.

     Your Committees find that sex offenders will often begin
with offenses that are classified as sexual assault in the fourth
degree.  This measure is intended to ensure that the sex
offenders with a pattern of misdemeanor offenses will receive
appropriate treatment to deter them from continuing to commit
such crimes.

     Your Committees have amended this bill by deleting its
substance and inserting provisions requiring a defendant to
participate in a sex offender assessment and if recommended based

 
 
                                 STAND. COM. REP. NO. 1322
                                 Page 2

 
on the assessment, sex offender treatment upon conviction of the
offense of Sexual Assault in the Fourth Degree where the
defendant has been convicted for this offense on at least three
prior and separate occasions within the past three-year period
from the present offense.

     As affirmed by the records of votes of the members of your
Committees on Judiciary and Hawaiian Affairs and Public Safety
and Military Affairs that are attached to this report, your
Committees are in accord with the intent and purpose of S.B. No.
585, S.D. 1, as amended herein, and recommend that it pass Second
Reading in the form attached hereto as S.B. No. 585, S.D. 1, H.D.
1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Judiciary &
                                   Hawaiian Affairs and Public
                                   Safety and Military Affairs,


____________________________       ____________________________
REP. NESTOR GARCIA, Chair          REP. PAUL T. OSHIRO, Chair
Committee on Public Safety         Committee on Judiciary
and Military Affairs               and Hawaiian Affairs