Report Title:

Bill for an Act Relating to Chapter 846E, Hawaii Revised Statutes

Description:

Clarifies that hearings related to the release of sex offender information are civil in nature and that the State is represented by the prosecuting attorney in these hearings; repeals the process for reevaluating court orders granting public access to information

THE SENATE

S.B. NO.

1265

TWENTY-SECOND LEGISLATURE, 2003

 

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. Section 846E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Registration information" means the information specified by section 846E-2(b)."

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

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

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

(1) Name and all aliases used by the sex offender or under which the sex 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 offender's residence or mailing address, or any current, temporary address where the sex offender resides, and for each address how long the sex offender has resided there;

(3) The legal address and telephone number where the sex 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 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 sex offender is affiliated as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

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

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

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

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

(11) Any additional identifying information about the sex offender.

(c) Whenever a sex offender provides the information specified in subsection (b), when initially registering as a sex offender or when providing notice of a change in registration information, the sex offender shall also sign a statement verifying that all of the registration information is accurate and current."

SECTION 3. Section 846E-3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Prior to public release of a sex offender's relevant information under subsection (f), the State shall petition the court, in a civil proceeding, 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 be represented by the prosecuting attorney for the county in which the hearing is held. The State shall have the burden of proving, by a preponderance of the evidence, that the sex offender is required to register under this chapter. Proof by the State shall give rise to a presumption that public 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 the offender does not represent a threat to the community and that public release of relevant information is not necessary.

If the court determines that public release of relevant information is necessary to protect the public, the court shall issue an order for the release. The order shall set the time duration of public release of relevant information, which shall be for a minimum period of ten years, unless any [one or more of the factors] factor listed in paragraph (2), (4), (5), or (6) applies. If any [one or more] of these factors [apply,] applies, then the time duration of the public release shall be for the life of the sex offender. [Upon petition by the sex offender, the court may reconsider its determination of lifetime public release; provided that the sex offender may petition the court once every ten years. The court may relieve the sex offender from the determination of lifetime public release upon written findings that the offender does not present a threat to the community and that public release is no longer necessary.]

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."

SECTION 4. Section 846E-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a sex 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, and each judge, or that judge's designee, who continues bail for or releases a sex offender following a guilty verdict or a plea of guilty or nolo contendere, who releases a sex offender on probation or who discharges a sex offender upon payment of a fine, and each agency having jurisdiction, shall, prior to the discharge, parole, or release of the sex offender:

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

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

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

(4) Inform the sex offender that, if the sex offender changes residence to another state, the sex 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;] within the period of time mandated by the new state's sex offender registration laws;

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

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

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

SECTION 5. Section 846E-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A sex offender required to register under this chapter, who changes [name, employment, vehicle, or residence address] any of the sex offender's registration information 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] the 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.] within the period of time mandated by the new state's sex offender registration laws."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST