Report Title:

Proposing an Amendment to Article I of the Constitution of the State of Hawaii

Description:

Proposes a constitutional amendment providing for a public right to access information regarding persons convicted of sexually violent offenses or offenses against minors who are found to pose a continuing threat to the community. Provides that the legislature shall implement the public right through appropriate legislation. (SB2843 HD1)

THE SENATE

S.B. NO.

2843

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to provide that:

(1) The public has a right of access to information regarding dangerous persons convicted of crimes against children and dangerous persons convicted of sexual offenses, as determined by the courts; and

(2) The legislature implement the public's right of access through appropriate legislation.

SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"PUBLIC ACCESS TO INFORMATION CONCERNING DANGEROUS PERSONS CONVICTED OF CRIMES AGAINST CHILDREN AND SEXUAL OFFENSES

Section   . The public shall have a right to access information concerning persons who have been convicted of sexually violent offenses or offenses against minors and who have been found to pose a continuing threat and danger to the community, as determined by a court of competent jurisdiction. The legislature shall implement the public's right to access through appropriate legislation."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to provide that the public has a right to access information concerning persons who have been convicted of sexually violent offenses or offenses against minors and who have been found to pose a continuing threat and danger to the community, as determined by a court of competent jurisdiction, and that the public's right of access shall be implemented by the legislature through appropriate legislation?"

SECTION 4. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.