THE SENATE

S.B. NO.

1175

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COVERED OFFENDER REGISTRATION.

 

 

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

 


     SECTION 1.  The purposes of this Act are to:

     (1)  Amend chapter 846E, Hawaii Revised Statutes, the covered offender registration law, to require defendants charged with a covered offense to register whether they were subsequently involuntarily hospitalized; found unfit to proceed; had charges dismissed by reason of physical or mental disease, disorder, or defect; or were acquitted by reason of physical or mental disease, disorder, or defect;

     (2)  Clarify that persons required to register pursuant to section 846E-2(b), Hawaii Revised Statutes, are covered offenders; and

     (3)  Clarify that criminal justice agencies that are responsible for administering the covered offender registration program are authorized to access confidential registration information necessary to facilitate the required registration and verification provisions of chapter 846E.

     SECTION 2.  Section 846E-1, Hawaii Revised Statutes, is amended by amending the definitions of "offender against minors", "release", "repeat covered offender", and "sex offender" to read as follows:

     ""Offender against minors" means a person who is not a "sex offender", as defined in this section, and [is or] has been:

     (1)  Convicted at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or

     (2)  Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found unfit to proceed [and is released into the community or who is], acquitted, or had the charge dismissed due to a physical or mental disease, disorder, or defect pursuant to chapter 704 [and is released into the community.] or a comparable federal, military, out-of-state, tribal, or foreign law; or

     (3)  Charged at any time, whether before or after May 9, 2005, with a "crime against minors" and who is involuntarily hospitalized and granted a dismissal of prosecution pursuant to section 706-607 or a comparable federal, military, out-of-state, tribal, or foreign law.

     "Release" means release from:

     (1)  Imprisonment;

     (2)  Imprisonment and placed on parole;

     (3)  Imprisonment and placed on furlough;

     (4)  Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704[;], section 334-60.2 or 706-607; or

     (5)  A halfway house or other equivalent facility,

whichever is later.

     "Repeat covered offender" means:

     (1)  A person who is or has been convicted at any time, whether before or after May 9, 2005, of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or

     (2)  A person who is or has been charged at any time, whether before or after May 9, 2005, with more than one covered offense as defined in this section and who has been[, more than once, either:] subject to more than one of the following dispositions:

          (A)  Convicted[;] of a covered offense;

          (B)  Found unfit to proceed, acquitted, or granted a dismissal of charges due to a physical or mental disease, disorder, or defect pursuant to chapter 704[;] or a comparable federal, military, out-of-state, tribal, or foreign law; or

          (C)  [Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704.] Involuntarily hospitalized and granted a dismissal of prosecution pursuant to section 706-607 or a comparable federal, military, out-of-state, tribal, or foreign law.

     "Sex offender" means:

     (1)  A person who [is or] has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or

     (2)  A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and [is or] has been found unfit to proceed [and is or has been released into the community or who is], acquitted, or had the charge dismissed due to a physical or mental disease, disorder, or defect pursuant to chapter 704 [and is released into the community.] or a comparable federal, military, out-of-state, tribal, or foreign law; or

     (3)  A person who has been charged, at any time, whether before or after May 9, 2005, with a "sexual offense" and has been involuntarily hospitalized and granted a dismissal of prosecution pursuant to section 706-607 or a comparable federal, military, out-of-state, tribal, or foreign law."

     SECTION 3.  Section 846E-2, Hawaii Revised Statutes is amended as follows:

     (1)  By amending subsection (b) to read as follows:

     "(b)  A person who establishes or maintains a residence in this State and who has not been designated as a covered offender by a court of this State but who has been designated as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a covered offender, shall register in a manner provided in this section [and shall be subject to community and public notification as provided in section 846E-3].  A person who meets the criteria of this subsection is subject to the requirements of this chapter for sex offenders and penalty provisions of section 846E-9 until such person successfully petitions the attorney general for termination of registration requirements by:

     (1)  Providing an order issued by the court that designated the person as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in the state or jurisdiction in which the order was issued, which states that such designation has been removed or demonstrates to the attorney general that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made and such person does not meet the criteria for registration as a covered offender under the laws of this State; or

     (2)  Demonstrating that the out-of-state convictions upon which the sexual offender designation was established are not covered offenses under section 846E-1, thereby showing that such person does not meet the criteria for registration as a covered offender under the laws of this State.

If the covered offender is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the covered offender may appeal the decision pursuant to chapter 91."

     (2)  By amending subsections (d) and (e) to read as follows:

     "(d)  Registration information for each covered offender shall include a signed statement by the covered offender containing:

     (1)  The name, all prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known and other identifying information, including date of birth and any alias date of birth, social security number and any alias social security number, sex, race, height, weight, and hair and eye color;

     (2)  The actual address and telephone number of the covered offender's permanent residence or the address of the covered offender's current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and for each address or place where the covered offender resides, how long the covered offender has resided there;

     (3)  The actual address or description of the place or area, the actual length of time of the stay, and telephone number where the covered offender is staying for a period of more than ten days, if other than the stated residence;

     (4)  If known, the future address and telephone number of the place where the covered offender is planning to reside, if other than the stated residence;

     (5)  Any electronic mail address, any instant message name, any internet designation or moniker, and any internet address used for routing or self-identification;

     (6)  Any cell phone number and other designations used for routing or self-identification in telephonic communications;

     (7)  Names and, if known, actual business addresses of current and known future employers, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration, and the starting and ending dates of any such employment;

     (8)  For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works, such as information about normal travel routes or the general area or areas in which the covered offender works;

     (9)  Professional licenses held by the covered offender;

    (10)  Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

    (11)  The year, make, model, color, and license or registration or other identifying number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender and the address or description of the place or places where the covered offender's vehicle or vehicles are habitually parked, docked, or otherwise kept;

    (12)  Passports and information about the passports, if the covered offender has passports, and documents establishing immigration status and information about these documents, if the covered offender is an alien;

    (13)  A statement listing all covered offenses for which the covered offender [has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;] is required to register;

    (14)  A statement indicating whether the covered offender has received or is currently receiving treatment ordered by a court of competent jurisdiction or by the Hawaii paroling authority;

    (15)  A statement indicating whether the covered offender is a United States citizen; and

    (16)  Any additional identifying information about the covered offender.

     (e)  The following information shall also be included in the registry for each covered offender:

     (1)  A current photograph of the covered offender;

     (2)  A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

     (3)  Confirmation that the covered offender has provided digitized fingerprints and palm prints of the covered offender;

     (4)  Judgment of conviction, judgment of acquittal, [or] judicial determination of unfitness to proceed, or order of dismissal documenting the criminal offense or offenses for which the covered offender is registered;

     (5)  The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered;

     (6)  The criminal history of the covered offender, or an electronic link to the criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the covered offender;

     (7)  Confirmation that the covered offender has provided a DNA buccal swab sample as required by chapter 844D;

     (8)  Digitized copies of a valid driver's license or identification card issued to the covered offender, or an electronic link to such records; and

     (9)  Digitized copies of passports and documents establishing immigration status, or an electronic link to such records."

     (3)  By amending subsections (g) and (h) to read as follows:

     "(g)  In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present.  Registration under this subsection is for the purpose of providing the covered offender's photograph, fingerprints, and registration information.  Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year.  Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after the earliest of:

     (1)  Arrival in this State;

     (2)  Release from incarceration;

     (3)  Release from commitment[;] or involuntary hospitalization;

     (4)  Release on furlough;

     (5)  Conviction for a covered offense, unless incarcerated;

     (6)  Release on probation;

     (7)  Placement on parole; or

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

In addition to any other requirement to register under this subsection or subsection (a), each covered offender shall report in person [every five years until June 30, 2009, and beginning on July 1, 2009,] every year, within the thirty-day period following the offender's date of birth, to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and such other department or agency designated by the attorney general to take a current photograph of the offender.

     (h)  The registration provisions of this section shall apply to all covered offenders without regard to:

     (1)  The date of the covered offender's conviction;

     (2)  The date of finding, pursuant to chapter 704[,] or a comparable federal, military, out-of-state, tribal, or foreign law, of the covered offender's unfitness to proceed; [or]

     (3)  The date of the covered offender's acquittal or dismissal due to a physical or mental disease, disorder, or defect, pursuant to chapter 704[.] or     a comparable federal, military, out-of-state, tribal, or foreign law; or

     (4)  The date of the covered offender's involuntary hospitalization and order of dismissal pursuant to section 706-607 or a comparable federal, military, out-of-state, tribal, or foreign law."

     SECTION 4.  Section 846E-3, Hawaii Revised Statutes, is amended as follows:

     (1)  By amending subsections (a) and (b) to read as follows:

     "(a)  Registration information shall be disclosed as follows:

     (1)  The information shall be disclosed to [law enforcement agencies for law enforcement] criminal justice agencies, as defined in section 846-1, for administration of criminal justice and covered offender registration purposes;

     (2)  The information shall be disclosed to government agencies conducting confidential background checks; and

     (3)  The attorney general and any county police department shall release public information as provided in subsection (b) concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration under this chapter shall not be released.

     (b)  For purposes of this section, "public information" means:

     (1)  Name, prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known;

     (2)  The year of the covered offender's date of birth and the year of the covered offender's alias dates of birth;

     (3)  A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

     (4)  The actual address where the covered offender resides or any current, temporary address where the covered offender resides or, if an address is not available, a description of any place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and, for each address or place where the covered offender resides, how long the covered offender has resided there;

     (5)  The actual address or description of the place or area where the covered offender is staying for more than ten days, if other than the stated residence, and the actual length of time of the stay;

     (6)  The future actual address, if known, where the covered offender is planning to reside, if other than the stated residence;

     (7)  The street name and zip code of the covered offender's current locations of employment, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration;

     (8)  For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works;

     (9)  Professional licenses held by the covered offender;

    (10)  Names and actual 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;

    (11)  The year, make, model, color, and license number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender, excluding vehicles operated exclusively for purposes of work;

    (12)  A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

    (13)  Judgment of conviction, judgment of acquittal, [or] judicial determination of unfitness to proceed, or order of dismissal documenting the criminal offense or offenses for which the covered offender is registered;

    (14)  The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered; and

    (15)  A recent photograph of the covered offender.

     The identity of any victim of a sexual offense shall not be disclosed and any documentation containing such information shall be redacted to prevent disclosure."

     (2)  By amending subsection (e) to read as follows:

     "(e)  Public access to a covered offender's public information shall be permitted with regard to each covered offender beginning the next working day following the filing of a judgment of conviction, a finding of unfitness to proceed, or a dismissal or an acquittal due to a physical or mental disease, disorder, or defect, for a covered offense, or as soon thereafter as practical.  When a notice of appeal has been filed, the public information shall note that the covered offender has filed a notice of appeal.  The public information shall be removed upon reversal of the covered offender's conviction or granting of a pardon to the covered offender."

     (3)  By amending subsection (k) to read as follows:

     "(k)  "Conviction" as used in this section means:

     (1)  A judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor;

     (2)  A finding of unfitness to proceed [resulting in the release of a covered offender into the community], excluding such finding as to a minor; [or]

     (3)  An acquittal or dismissal due to a physical or mental disease, disorder, or defect pursuant to chapter 704 [resulting in the release of the covered offender into the community,] or a comparable federal, military, out-of-state, tribal, or foreign law, excluding such acquittal or dismissal as to a minor[.]; or

     (4)  An order of involuntary hospitalization and dismissal of charges pursuant to section 706-607 or a comparable federal, military, out-of-state, tribal, or foreign law."

     SECTION 5.  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 covered offender has been committed pursuant to a conviction, or an acquittal, dismissal, or finding of unfitness to proceed pursuant to chapter 704, or involuntarily hospitalization pursuant to section 706-607 for a covered offense, and each judge, or that judge's designee, who continues bail for or releases a covered offender following sentencing and the entry of a judgment of conviction, who releases a covered offender on probation or who discharges a covered offender upon payment of a fine, and each agency having jurisdiction, shall, prior to the discharge, parole, or release of the covered offender:

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

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

     (3)  Inform the covered offender that, if at any time the covered offender changes any of the covered offender's registration information, the covered offender shall notify the attorney general of the new registration information in writing within three working days;

     (4)  Inform the covered offender that, if at any time the covered offender changes residence to another state, the 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, 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 covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

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

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

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

     "(c)  The periodic verification provisions of this section shall not apply to covered offenders who are incarcerated, or committed, or involuntarily hospitalized, or have registered with a designated law enforcement agency after establishing residence in another state."

     SECTION 7.  Section 846E-12, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§846E-12[]]  Tolling.  The time periods provided for in this chapter shall be tolled during any period of time the covered offender is committed or recommitted to prison or confined to a halfway house, or an equivalent facility, pursuant to a parole or probation violation[.] or committed or involuntarily hospitalized to a psychiatric facility."

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Covered Offender Registration

 

Description:

Requires registration of defendants who have had covered offenses dismissed due to mental or physical disease, disorder, or defect or have been involuntarily hospitalized in lieu of prosecution; clarifies and that criminal justice agencies may access registration information.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.