REPORT TITLE:
Sex Offenders


DESCRIPTION:
Mandates that detailed information about criminal sex offenders
be made available on the Internet.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3047
THE SENATE                              S.B. NO.           S.D. 1
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
 
20 4:30 p.m. on weekdays excluding holidays.  With more easily
 

 
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 1 accessible information about sex offenders within the community,
 
 2 parents and other concerned persons will be better able to
 
 3 protect children from harm.
 
 4      Currently Alaska, California, Florida, Indiana, Kansas,
 
 5 Michigan, and Utah have similar information access through the
 
 6 Internet.
 
 7      The purpose of this Act is to allow detailed information
 
 8 about criminal sex offenders to be more accessible by placing the
 
 9 information on the Internet.
 
10      SECTION 2.  Section 846E-3, Hawaii Revised Statutes, is
 
11 amended by amending subsection (d) to read as follows:
 
12      "(d)  The release of relevant information that is necessary
 
13 to protect the public shall be accomplished by public access to a
 
14 file containing the relevant information on each registered sex
 
15 offender, a copy of which shall be provided for inspection upon
 
16 request at the Hawaii criminal justice data center and at one or
 
17 more designated police stations in each county, between the hours
 
18 of 8:00 a.m. and 4:30 p.m. on weekdays excluding holidays.  The
 
19 chief of police and the attorney general shall provide the
 
20 relevant information on sex offenders upon payment of reasonable
 
21 fees.  [Relevant information on each registered sex offender may
 
22 also be released from an electronic database maintained by the
 
23 respective law enforcement agencies that is accessible to users
 

 
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 1 through an interactive computer-based system.] Information
 
 2 relevant to a sex offender, pursuant to section 846E-2 and made
 
 3 available to the public under this section, shall be posted on
 
 4 the internet pursuant to other state laws."
 
 5      SECTION 3.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $100,000, or so much
 
 7 thereof as may be necessary for fiscal year 2000-2001, for the
 
 8 purposes of this Act.
 
 9      SECTION 4.  The sum appropriated shall be expended by the
 
10 department of the attorney general for the purposes of this Act.
 
11      SECTION 5.  This Act shall take effect on July 1, 2000;
 
12 provided that Section 2 shall take effect on January 1, 2001.