CONFERENCE COMMITTEE REP. NO.74-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2698

S.D. 2

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2698, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to address the Hawaii Supreme Court's findings in State v. Eto Bani by adding provisions to the sex offender registration law to require court overview of the release of sex offender information to the public.

Upon further consideration, your Committee has amended this measure by:

(1) Requiring a sex offender to provide the names and legal addresses of current and future educational institutions attended by or employing the sex offender including the starting and ending dates, in the registration information provided to the Attorney General's office;

(2) Including the names and legal addresses of current and future educational institutions attended by or employing the sex offender including the starting and ending dates, in the registration information that can be disclosed to the public;

(3) Adding the evidentiary standard of a "preponderance of the evidence" to the State's burden of proof, when the State is petitioning for public release of sex offender information;

(4) Requiring the court, upon written findings, to order public release of information for a minimum of ten years up to a maximum of the offender's lifetime; provided that an offender with a lifetime determination may petition, once every ten years, for reconsideration by the court; and

(5) Allows the court to relieve the sex offender from a lifetime determination upon written findings that the offender does not present a threat to the community and public release is no longer necessary.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2698, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2698, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

BLAKE K. OSHIRO, Chair

____________________________

DAVID M. MATSUURA, Chair

____________________________

BRIAN KANNO, Co-Chair