Report Title:

Relating to Chapter 846E, HRS

Description:

Requires persons convicted of crimes involving child pornography to register as sex offenders. Makes other amendments to the sex offender registry statute. (SB2842 HD2)

THE SENATE

S.B. NO.

2842

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 2


 

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 amending the definition of "criminal offense against a victim who is a minor" to read as follows:

""Criminal offense against a victim who is a minor" means any criminal offense that 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; or any crime defined in part VI of chapter 707 involving:

(a) Sexual conduct;

(b) Attempted sexual conduct; or

(c) A proposal to engage in sexual conduct;

(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) 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 (1) through (7); or

(9) Any state, federal, or military law similar to paragraphs (1) through (8)."

SECTION 2. Section 846E-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) [Each] In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter for life, each sex offender shall also register in person with the county chief of police having jurisdiction of the area where the sex offender resides or is present. Registration under this subsection is for the purpose of providing the sex offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the sex offender, whether or not a resident of this State, [who] remains in [the] this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year[,]. Sex offenders required to register in person with the county chief of police under this subsection shall register within three working days upon:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Placement on parole; or

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

[Each sex offender shall register in person with the county chief of police having jurisdiction of the area where the sex offender resides or is present.] In addition to any other requirement to register under this subsection or subsection (a), each sex offender shall report in person every five years to the county chief of police of the county where the sex offender's residence is located for purposes of having a new photograph taken."

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

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

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

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

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

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

(5) The [street name and zip code] actual addresses of the sex offender's current locations of 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 brief summary of the criminal offenses against victims who were minors and the sexually violent offenses for which the sex offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704; and

(9) A recent photograph of the sex offender."

SECTION 4. 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 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.] is absent from the person's registered residence for ten or more days. If the new residence is 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 the period of time mandated by the new state's sex offender registration laws."

SECTION 5. Section 846E-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]846E-9[] Penalty.] Failure to comply with sex offender registration requirements. (a) [For a first offense:

(1) Any] A person commits the offense of failure to comply with sex offender registration requirements if the person is required to register under this chapter [who] and the person intentionally, knowingly, or recklessly [fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor; and]:

(1) Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

(2) Fails to report in person to the county chief of police of the county where the sex offender's residence is located, for purposes of having a new photograph taken within five years after the previous photograph was taken;

(3) Fails to register in person with the county chief of police having jurisdiction of the area where the sex offender resides or is present within three working days whenever the provisions of section 846E-2(d) require the person to do so;

(4) Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the sex offender's registration information in writing within three working days of the change;

(5) Provides false registration information to the attorney general, the Hawaii criminal justice data center, or a chief of police;

(6) Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not accurate and current; or

(7) Fails to comply with any other requirement of this chapter.

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

(c) Any person required to register under this chapter who recklessly violates subsection (a) shall be guilty of a misdemeanor.

[(b)] (d) 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], or recklessly violates subsection (a) shall be guilty of a class C felony."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.