Report Title:

Chapter 846E, Hawaii Revised Statute

 

Description:

Recommends statutory revisions to comply with the Hawaii Supreme Court's decision in State of Hawaii v. Eto Bani. Proposes other revisions to improve the operability of sex offender registration. (SD1)

THE SENATE

S.B. NO.

2698

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

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. The primary purpose of this Act is to amend certain provisions of chapter 846E, Hawaii Revised Statutes, to comply with the ruling of the Hawaii Supreme Court in State v. Bani, S.C. No. 22196 (2001). The Act is also intended to promote public safety by retaining the existing requirement that sex offenders and offenders against children provide certain information to law enforcement officials when the sex offender is released and by providing public access to a portion of that information. The legislature finds that any offender who has been convicted, found unfit to proceed, or acquitted pursuant to chapter 704, Hawaii Revised Statutes (HRS), of felony sexual offenses and certain crimes against children, poses a danger to society grave enough to require public access to certain information about the sex offender.

Offenders who have committed one of these crimes, in essence, have already been defined as a danger to society, by virtue of their conviction, or chapter 704, HRS, disposition. Moreover, these offenders are so defined only after having received the full benefit of all of the procedural and substantive protections of the criminal justice system. The legislature is unwilling to gamble with the safety of Hawaii's residents and visitors by authorizing any system that attempts, at the outset, to predict which of these criminals will commit new offenses and which will not. Therefore, the legislature finds that public safety will be enhanced by requiring all those who are convicted of certain listed offenses to register with specified law enforcement agencies for life.

The legislature further finds that public safety will also be enhanced by allowing public access to some, but not all, of the registration information of registered offenders (excluding, for example, the exact address of the sex offender, which will be available to law enforcement officials, but not to the general public). For many offenders, allowing public access to this "public access information" at police stations or at the Hawaii criminal justice data center will be sufficient. However, for the sake of public safety, the general public should be entitled to immediate and easy access to the information on offenders covered by this Act who have not registered or who have violated chapter 846E, HRS, in some other way. The legislature finds that these offenders' new violations of law threaten public safety and justify the posting of their public access information on the Internet. Because law enforcement no longer knows where these offenders reside, the offender poses a danger to the entire State, the entire nation, and the entire world.

The legislature finds that, by failing to register or remain properly registered, these offenders pose a danger to public safety that is not limited to the State of Hawaii. Because law enforcement no longer knows where they reside, public safety will be more effectively promoted if the entire nation and the entire world has Internet access to information on these non-compliant offenders.

The legislature believes that public safety will be compromised unless public access to covered offender information is provided. However, in light of the Bani court's concerns regarding the lack of procedural safeguards in Hawaii's offender notification provision, this Act amends these provisions to provide that a hearing shall be conducted to determine whether or not public access to information regarding the offender is necessary to protect society or another person. The amendments also provide that no public notification shall occur unless the court finds that public notification is necessary to protect society or another person or unless that convicted offender has not registered as required or has violated other provisions of chapter 846E, HRS.

SECTION 2. Chapter 846E, Hawaii Revised Statutes, is amended to read as follows:

"[[]CHAPTER 846E[]]

[SEX] COVERED OFFENDER REGISTRATION AND NOTIFICATION

846E-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 public safety, the Hawaii paroling authority, the office of youth services, the courts, and the department of health.

"Covered offender" means all "offenders against children" and all "sex offenders".

"Covered offense" means all "crimes against children" and all "sexual offenses".

["Criminal offense against a victim who is a minor"] "Crime against children" means any criminal offense that is not a "sexual offense" and consists of:

(1) Kidnapping of a minor, except by a parent;

(2) Unlawful imprisonment in the first degree of a minor, except by a parent;

[(3) Criminal sexual conduct toward a minor;

(4) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

(5) Use of a minor in a sexual performance;

(6) Solicitation of a minor to practice prostitution;

(7) Any conduct that by its nature is a sexual offense against a minor, but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(1)(b) or section 707-732(1)(b), if the perpetrator is eighteen years of age or younger;

(8)] (3) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in [paragraphs] paragraph (1) [through (7);] or (2); or

[(9)] (4) Any state, federal, or military law similar to paragraphs (1) [through (8).] to (3).

"Offender against children" means any person, who is not a sex offender, and is:

(1) Convicted of a crime against children; or

(2) Any person who is charged with a crime against children and is found unfit to proceed or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704.

"Sex offender" means:

(1) Any person convicted of a ["sexually violent offense" or a "criminal offense against a victim who is a minor";] "sexual offense"; or

(2) Any person who is charged with a ["sexually violent offense" or a "criminal offense against a victim who is a minor"] "sexual offense" and is found unfit to proceed or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704.

["Sexually violent offense"] "Sexual offense" means an act committed on, before, or after July 1, 1997, that is:

(1) An act defined in section 707-730(1)(a), 707-730(1)(b), 707-730(1)(c), 707-731(1)(a), 707-731(1)(b), 707-732(1)(a), 707-732(1)[(e)] (f), [and] 707-733(1)(a)[;], 707-733.5, 707-750, 712-1202(b), or 712-1203(b), but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(1)(b), 707-730(1)(c), or 707-733.5, if the perpetrator is younger than eighteen years of age;

(2) An act defined in section 707-720 or 707-721 if the charge alleging the offense alleges actual or attempted sexual penetration or sexual contact;

[(2)] (3) A criminal offense that is comparable to a [sexually violent] sexual offense as defined in paragraph (1), of any federal or out-of-state conviction[,] for any offense that, under the laws of this State, would be a [sexually violent] sexual offense as defined in paragraph (1); or

[(3)] (4) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraph (1) [or], (2)[.], 3, or (4).

846E-2 Registration requirements. (a) A sex offender shall truthfully register with the attorney general and comply with the provisions of this chapter for life.

(b) An offender against children shall truthfully register with the attorney general and comply with this chapter for life in the same manner and with the same requirements as a sex offender, except that a separate registry shall be maintained for offenders against children. Each provision of this chapter applicable to sex offenders is also applicable to offenders against children, unless offenders against children are specifically excluded.

(c) When a covered offender is required to register with the attorney general and comply with this chapter, the covered offender, except as excluded by subsection (d), is eligible to petition the circuit court for an order to end the registration requirements:

(1) Thirty years after the covered offender's release from prison or parole, whichever is later, for those covered offenders whose covered offense is a class A felony;

(2) Fifteen years after the covered offender's release from prison, parole, or probation, whichever is later, for those covered offenders whose covered offense is a class B felony; or

(3) Ten years after the covered offender's release from prison, parole, probation, or sentencing whichever is later, for those covered offenders whose covered offense is a class C felony or a misdemeanor.

(d) The following covered offenders shall not be eligible to petition the circuit court for an order to end the registration requirements:

(1) Covered offenders whose offense involved the death or serious bodily injury of another person;

(2) Covered offenders whose offense resulted in sentencing under the terms of section 706-606.5, 706-660.2, or 706-661;

(3) Covered offenders who have inexcusably failed to comply with terms and conditions of probation or parole;

(4) Covered offenders whose victim was twelve years of age or younger at the time of the offense;

(5) Covered offenders who, either prior to or subsequent to the offense requiring registration under this chapter, have been convicted, found unfit to proceed, or acquitted due to a physical or mental disease, disorder, or defect, of another sexual offense or another offense against children, including all offenses occurring in other jurisdictions;

(6) Covered offenders who have ever 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) Covered offenders who have inexcusably failed to register as covered offenders or who are otherwise not in compliance with this chapter; and

(8) Covered offenders who have been convicted of any crime since the conviction requiring the covered offender's registration.

(e) Upon the covered offender's filing the petition in circuit court, after an evidentiary hearing governed by the Hawaii rules of civil procedure, the court may order the end to the covered offender's registration requirements, if, in written findings, the court finds, by clear and convincing evidence, that:

(1) The covered offender no longer presents any danger to society or another person;

(2) The covered offender has not been convicted of any crime since the conviction requiring the covered offender's registration;

(3) The covered offender has complied with all terms and conditions of probation or parole;

(4) The covered offender's victim was not twelve years of age or younger at the time of the offense;

(5) The covered offender has never, either prior to or subsequent to the offense requiring registration under this chapter, 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 covered offender has never 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 victim of the covered offender's crime has been notified by the court, or the court's designee, and given an opportunity to object to an end to the covered offender's registration requirements, or all reasonable efforts to contact the victim have failed and it is impossible to contact the victim;

(8) The covered offender has completed paying any restitution to the victim that has been ordered by the sentencing court;

(9) The covered offender has completed paying any civil judgments to the victim that are related to the covered offender's crime;

(10) The covered offender has complied with all provisions of this chapter; and

(11) The covered offender is not a covered offender described in subsection (c).

(f) If a covered offender files a petition pursuant to subsection (c) and the petition is denied, the covered offender may not file another petition sooner than five years after the denial of the previous petition.

[(b)] (g) Registration information for each [sex] covered offender shall consist of a recent photograph, verified fingerprints, and a signed statement by the [sex] covered offender containing:

(1) Name and all aliases used by the [sex] covered offender or under which the [sex] covered offender has been known and other identifying information, including date of birth, social security number, sex, race, height, weight, and hair and eye color;

(2) The legal address and telephone number of the [sex] covered offender's residence or mailing address, or any current, temporary address where the [sex] covered offender resides, and for each address how long the [sex] covered offender has resided there;

(3) The legal address and telephone number where the [sex] covered offender is staying for a period of more than ten days, if other than the stated residence;

(4) The future address and telephone number where the [sex] covered offender is planning to reside, if other than the stated residence;

(5) Names and legal addresses of current and known future employers and the starting and ending dates of any such employment;

(6) Names and legal addresses of current and known future educational institutions with which the covered offender is affiliated as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

[(6)] (7) The year, make, model, color, and license number of all vehicles currently owned or operated by the [sex] covered offender;

[(7)] (8) A summary of the criminal offenses [against victims who were minors and sexually violent offenses] for which the [sex] covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

[(8)] (9) A statement indicating whether the [sex] covered offender has received or is currently receiving treatment for mental abnormality or personality disorder;

[(9)] (10) A statement indicating whether the [sex] covered offender is a United States citizen; and

[(10)] (11) Any additional identifying information about the [sex] covered offender.

846E-3 Access to registration information[.] and public access information. (a) Registration information shall be disclosed as follows:

(1) The information for all covered offenders shall be disclosed to law enforcement agencies for law enforcement purposes;

(2) The information for all covered offenders 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;] to the general public, in the manner set forth in subsections (d) and (e), that portion of the registration information defined as public access information by subsection (b) regarding felony sex offenders, multiple misdemeanor sex offenders, and offenders against children; provided that the covered offender was first given notice and an opportunity to be heard in a hearing pursuant to paragraph (4); and provided further that the identity of a victim of an offense that requires registration under this chapter shall not be released[.];

(4) Except as provided in paragraph (5), prior to release of a covered offender's public access information, the agency that prosecuted the covered offender, or the prosecutor for the county in which the covered offender resides, shall initiate a special proceeding by filing a petition for an order permitting release of the covered offender's public access information, unless the covered offender stipulates to the release of the covered offender's public access information. The petition shall be filed in the circuit court for the circuit in which the covered offender's offense occurred or, for those covered offenders whose offense did not occur within the jurisdiction of a Hawaii circuit court, in the circuit court for the circuit of the covered offender's residence. The special proceeding shall be governed by the Hawaii rules of civil procedure, except that the court shall not allow discovery beyond the production of expert witness reports and the discovery already completed in the covered offender's criminal case, if the discovery materials from the underlying criminal case have been made available to the covered offender during the year preceding the filing of the petition. If the discovery materials from the underlying criminal case have not been made available to the covered offender during the year preceding the filing of the petition, the court may grant a motion by a party to permit additional discovery that is limited to requests for production of documents and requests for admissions. Depositions or interrogatories shall not be allowed. Either party may offer as evidence, under seal, a presentence report or bail study related to the underlying offense of the covered offender. The State shall have the burden of proving by clear and convincing evidence that the covered offender has been convicted or found unfit to proceed or acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704, of a felony covered offense, or multiple misdemeanor covered offenses. Once the State has met this burden, there shall be a rebuttable presumption, that must be rebutted by clear and convincing evidence, that public access to the covered offender's public access information is necessary to protect society or another person. The circuit court shall order that the covered offender's public access information be released unless it finds, by clear and convincing evidence, specified in written findings of fact, that public access to the covered offender's public access information is not necessary to protect society or another person; and

(5) Notwithstanding any law to the contrary, the attorney general shall release to the general public the public access information for any covered offender required to register under this chapter who fails to register or fails to comply with any other provision of this chapter, and may do so without the hearing to which registered covered offenders are entitled under paragraph (4). The attorney general shall release this information by Internet publication, newspaper publication, public posting, or any other manner reasonably calculated to warn the general public of the covered offender's failure to comply with this chapter; provided that no such release of public access information shall take place if the covered offender has not been given notice of the requirements of this chapter.

(b) For purposes of this section, ["relevant information that is necessary to protect the public"] "public access information" means:

(1) Name and all aliases used by the [sex] covered offender or under which the [sex] covered offender has been known;

(2) The [street name and] zip code and judicial district where the [sex] covered offender resides and how long the [sex] covered offender has resided there;

(3) The [street name and] zip code and judicial district where the [sex] covered offender is staying for more than ten days, if other than the stated residence;

(4) The future [street name and] zip code and judicial district, if known, where the [sex] covered offender is planning to reside, if other than the stated residence;

(5) The [street name and] zip code and judicial district of the [sex] covered offender's current locations of employment;

(6) The zip code and judicial district of current and known future educational institutions with which the covered offender is affiliated, or will be affiliated, as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

[(6)] (7) The year, make, model, color, and license number of all vehicles currently owned or operated by the [sex] covered offender;

[(7)] (8) A brief summary of the criminal offenses [against victims who were minors and the sexually violent offenses] for which the [sex] covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704; and

[(8)] (9) A recent photograph of the [sex] covered offender.

(c) [Relevant information that is necessary to protect the public] Public access information 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.] public; provided that no public access information shall be made available to the general public unless public access is authorized by subsection (a) and public access information shall not be made available to the general public in any case where a circuit court has made a written finding that, based upon clear and convincing evidence presented during the covered offender's hearing under subsection (a)(4), public access to the covered offender's public access information is not necessary to protect society or another person; provided that the Hawaii criminal justice data center shall provide to the general public that portion of both felony and misdemeanant covered offenders' criminal history that is subject to public access, as permitted by and in the manner provided by chapter 846, without the limitations provided by this chapter that are applicable to covered offenders' public access information.

(d) The release of [relevant information that is necessary to protect the] public access information shall be accomplished by July 1, 2003, by public access to [a file containing the relevant] the public access information on each registered [sex] covered offender, a digital or other 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] public access information on [sex] covered offenders upon payment of reasonable fees[. Relevant] and shall also provide a written notice to the person requesting the information that the information may be used for a legal purpose only. Public access information on each registered [sex] covered offender may also be released from [an electronic data base maintained by the respective law enforcement agencies] a registry that is accessible to users through an interactive computer-based system[.], accessible through a computer or terminal located at the Hawaii criminal justice data center and one or more police stations in each county, but not accessible through the Internet; provided that, as authorized by subsection (a)(5), public access information shall be released to the general public through the Internet for any covered offender who fails to register or who fails to comply with any other provision of this chapter.

(e) When a covered offender's public access information is available to the general public, except as excluded by subsection (f), the covered offender is eligible to petition the circuit court for an order to end the general public access to the covered offender's public access information:

(1) Twenty years after the covered offender's release from prison or parole, whichever is later, for those covered offenders whose covered offense is a class A felony;

(2) Ten years after the covered offender's release from prison, parole, or probation, whichever is later, for those covered offenders whose sexual offense is a class B felony; or

(3) Ten years after the covered offender's release from prison, parole, or probation, whichever is later, for those covered offenders whose sexual offense is a class C felony;

(f) The following covered offenders shall not be eligible to petition the circuit court for an order to end the general public access to the covered offender's public access information:

(1) Covered offenders whose offense involved the death or serious bodily injury of another person;

(2) Covered offenders whose offense resulted in sentencing under the terms of section 706-606.5, 706-660.2, or 706-661;

(3) Covered offenders who have inexcusably failed to comply with terms and conditions of probation or parole;

(4) Covered offenders whose victim was twelve years of age or younger at the time of the offense;

(5) Covered offenders who, either prior to or subsequent to the offense requiring registration under this chapter, have 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) Covered offenders who have ever 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) Covered offenders who have inexcusably failed to register as covered offenders or who are otherwise not in compliance with this chapter; and

(8) Covered offenders who have been convicted of any crime since the conviction requiring the covered offender's registration.

(g) Upon the covered offender's filing the petition in circuit court, the court may order the end to public access to the covered offender's public access information, if, in written findings, the court finds, by clear and convincing evidence, that:

(1) Public access to the covered offender's public access information is no longer necessary to protect society or another person;

(2) The covered offender has not been convicted of any crime since the conviction requiring the covered offender's registration;

(3) The covered offender has complied with all terms and conditions of probation or parole;

(4) The covered offender's victim was not twelve years of age or younger at the time of the offense;

(5) The covered offender has never, either prior to or subsequent to the offense requiring registration under this chapter, 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 covered offender has never 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 covered offender has complied with all provisions of this chapter; and

(8) The covered offender is not a covered offender described in subsection (f).

846E-4 Duties upon discharge, parole, or release of sex offender. (a) Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a [sex] covered offender has been committed pursuant to a conviction, or an acquittal or finding of unfitness to proceed pursuant to chapter 704, for a [sexually violent offense or a criminal offense against a victim who is a minor,] sexual offense or a crime against children, and each judge, or that judge's designee, who continues bail for or releases a [sex] covered offender following a guilty verdict or a plea of guilty or nolo contendere, who releases a [sex] covered offender on probation or who discharges a [sex] covered offender upon payment of a fine, and each agency having jurisdiction, [shall,] prior to the discharge, parole, or release of the [sex] covered offender[:] shall:

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

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

(3) Inform the [sex] covered offender that if the [sex] covered offender changes name, employment, vehicle, or residence address, the [sex] covered offender shall notify the attorney general of the new registration information in writing within three working days;

(4) Inform the [sex] covered offender that, if the [sex] covered offender changes residence to another state, the [sex] 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, not later than ten days after establishing residence in the new state;

(5) Obtain and verify fingerprints and a photograph of the [sex] covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

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

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

(b) No [sex] 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 846E-2 has been obtained.

(c) 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.

(d) Following receipt of the information from the agency having jurisdiction over the [sex] 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 [sex] covered offender expects to reside. The attorney general immediately shall transmit the conviction data and verified fingerprints to the Federal Bureau of Investigation, unless the items have been previously transmitted to the Federal Bureau of Investigation.

(e) Each [sex] covered offender, within three working days after release from incarceration, release from commitment, release on furlough, placement on parole, or placement on probation, or within three working days after arrival in a county in which the [sex] covered offender resides or expects to be present for a period exceeding ten days, shall register in person with the county chief of police having jurisdiction of the area in which the [sex] covered offender resides or is present. The chief of police shall transmit any [sex] 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 [sex] covered offender, taken at the time the [sex] covered offender registers with the chief of police. The [sex] covered offender shall report in person every five years to the county chief of police of the county where the [sex] covered offender's residence is located for purposes of having a new photograph taken.

[[]846E-5[]] Periodic verification of registration information. Unless the [sex] covered offender is incarcerated or has registered with a designated law enforcement agency after establishing residence in another state, on the first day of every ninety-day period following the [sex] covered offender initial registration date:

(1) The attorney general shall mail a nonforwardable verification form to the last reported address of the [sex] covered offender;

(2) The [sex] covered offender shall sign the verification form and state that the [sex] 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;

(3) The [sex] covered offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form; and

(4) If the [sex] covered offender fails to mail the verification form to the attorney general within ten days after receipt of the form, the [sex] covered offender shall be in violation of this chapter, unless the [sex] covered offender proves that the [sex] covered offender has not changed the residence address.

[This section shall become effective on July 1, 1998.]

846E-6 Requirement to register a change of registration information; verification by the attorney general. (a) A [sex] covered offender required to register under this chapter, who changes name, employment, vehicle, or residence address after an initial registration with the attorney general, shall notify the attorney general of the new registration information in writing within three working days of the change. For purposes of this section, a person shall be deemed to have established a new residence during any period in which the person resides at a different address for not less than ten days. If the new residence is in another state that has a registration requirement, the person shall register with a designated law enforcement agency in the state to which the person moves, not later than ten days after the person establishes residence in that state.

(b) If the attorney general receives notice from the Federal Bureau of Investigation that a [sex] covered offender required to be registered under this chapter or under any federal law has entered the State, the attorney general shall notify the Federal Bureau of Investigation of the offender's new residence.

(c) If the attorney general cannot verify the address of or locate a [sex] covered offender required to be registered under this chapter or under federal law, the attorney general immediately shall notify the Federal Bureau of Investigation.

846E-7 Notification by the attorney general of changes in registration information. 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 [sex] covered offender required to register under this chapter to the county police department where the [sex] covered offender is residing and, in the event the [sex] covered offender changes address to another county or state, shall report [such] the change of address to the Federal Bureau of Investigation. 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.

[[]846E-8[]] Good faith immunity. Law enforcement agencies, employees of law enforcement agencies, and state and county officials shall be immune from liability for good faith conduct under this chapter.

[[]846E-9[] Penalty.] Failure to comply with covered offender registration requirements in the first degree. (a) [For a first offense:

(1) Any person required to register under this chapter who recklessly fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor; and

(2) Any person required to register under this chapter who intentionally or knowingly fails to comply with any requirements of this chapter shall be guilty of a class C felony.

(b) For any second or subsequent offense, any person required to register under this chapter who recklessly, intentionally, or knowingly fails to comply with any of the requirements of this chapter shall be guilty of a class C felony.] A person commits the offense of failure to comply with covered offender registration requirements in the first degree if the person, while required to register under this chapter as a sex offender or as an offender against children:

(1) Intentionally or knowingly fails to register as a sex offender or as an offender against children, or intentionally or knowingly fails to comply with any other requirement of this chapter; or

(2) Recklessly fails to register as a sex offender or as an offender against children, or recklessly fails to comply with any other requirement of this chapter after having been previously convicted of failure to comply with covered offender registration requirements in the first degree, failure to comply with covered offender registration requirements in the second degree, or any other conviction under section 846E-9.

(b) Failure to comply with covered offender registration requirements in the first degree is a class C felony.

846E-10 Failure to comply with covered offender registration requirements in the second degree. (a) A person commits the offense of failure to comply with covered offender registration requirements in the second degree if the person, while required to register under this chapter as a sex offender or as an offender against children, recklessly fails to register as a sex offender or as an offender against children, or recklessly fails to comply with any other requirement of this chapter.

(b) Failure to comply with covered offender registration requirements in the second degree is a misdemeanor."

SECTION 3. 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.