REPORT TITLE:
Sex Offenders


DESCRIPTION:
Authorizes state agencies to make detailed information about
criminal sex offenders available on the Internet; appropriates an
unspecified amount to implement.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3047
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEX OFFENDERS.
 

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

 1      SECTION 1.  On May 12, 1996, President Clinton signed Public
 
 2 Law 104-145 (H.R. 2137), which requires states to release
 
 3 relevant information that is necessary to protect the public from
 
 4 sexually violent offenders.  The intent of Public Law 104-145,
 
 5 also known as "Megan's Law", is to allow states to provide this
 
 6 information in attempts to protect the public from repeat sexual
 
 7 offenders.
 
 8      The legislature finds that chapter 846E, Hawaii Revised
 
 9 Statutes, provides a first step in the protection of the
 
10 community from criminal sex offenders by requiring registration
 
11 and notification.  However, the strength of the law lies with the
 
12 public's right to access, and the dissemination of the
 
13 information regarding sex offenders located within the community.
 
14 This is of considerable concern, because studies have shown that
 
15 the recidivism rate for sex offenders is forty per cent.
 
16 Presently, anyone wishing to obtain relevant information
 
17 pertaining to a sex offender in the State of Hawaii, must do so
 
18 by visiting the Hawaii criminal justice data center or a
 
19 designated police station between the hours of 8:00 a.m. and
 

 
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 1 4:30 p.m. on weekdays excluding holidays.  With more easily
 
 2 accessible information about sex offenders within the community,
 
 3 parents and other concerned persons will be better able to
 
 4 protect children from harm.
 
 5      Currently Alaska, California, Florida, Indiana, Kansas,
 
 6 Michigan, and Utah have similar information access through the
 
 7 Internet.
 
 8      The purpose of this Act is to allow detailed information
 
 9 about criminal sex offenders to be more accessible by placing the
 
10 information on the Internet.
 
11      SECTION 2.  Chapter 846E, Hawaii Revised Statutes, is
 
12 amended by adding a new section to be appropriately designated
 
13 and to read as follows:
 
14      "�846E-    Internet access to registration information.  (a)
 
15 Information provided by a sex offender pursuant to section 846E-2
 
16 and available to the public pursuant to section 846E-3 shall be
 
17 posted on the Internet by authorized state agencies pursuant to
 
18 other state laws.
 
19      (b)  Use of information provided pursuant to this section is
 
20 prohibited for the following purposes:
 
21      (1)  Insurance;
 
22      (2)  Loans;
 
23      (3)  Credit;
 

 
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 1      (4)  Housing or accommodations; and
 
 2      (5)  Benefits, privileges, or services provided by any
 
 3           business establishment.
 
 4      (c)  A violation of this section shall be a misdemeanor.
 
 5      (d)  The authorized state agency that provides this
 
 6 information on the Internet shall be immune from civil liability
 
 7 for any misuse of the information by the public."
 
 8      SECTION 3.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of $          , or so
 
10 much thereof as may be necessary for fiscal year 2000-2001, for
 
11 the purposes of this Act.
 
12      SECTION 4.  The sum appropriated shall be expended by the
 
13 department of the attorney general for the purposes of this Act.
 
14      SECTION 5.  New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect on July 1, 2000.
 
16 
 
17                       INTRODUCED BY:  ___________________________