Report Title:

Arson offenders; penalties.

Description:

Separates arson from the offenses of criminal property damage; requires convicted arson offenders to register with the appropriate officials.

THE SENATE

S.B. NO.

2503

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ARSON.

 

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

SECTION 1. The Legislature finds that arson is currently investigated under criminal property damage statutes and is inadequate in addressing the motives for maliciously set fires, arson for profit, or arson for hire. Therefore, the Legislature finds that appropriate penalties are necessary in order to protect the property of Hawaii's residents.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding ten new sections to be appropriately designated and to read as follows:

"§708- Arson in the first degree. (1) a person commits the offense of arson in the first degree, if by means of fire or explosion, the person intentionally or knowingly creates or causes physical harm to any:

(a) Property, park, preserve, wildlands, or other real property and recklessly causes bodily injury to any other person, including, but not limited to, a law enforcement officer as defined by section 710-1000, a fire official, or any other rescue personnel;

(b) Property, park, preserve, wildlands, or other real property with the intent to defraud;

(c) Property, park, preserve, wildlands, or other real property through the offer or acceptances of an agreement for hire or other consideration;

(d) Property, park, preserve, wildlands, or other real property and, as a result, recklessly causes physical harm to any other property, park, preserve, wildlands, or other real property; or

(e) Property, park, preserve, wildlands, or other real property that results in damages greater than $20,000.

(2) It shall be an affirmative defense to a prosecution under this section that the person's sole intent was to destroy or damage the property, park, preserve, wildlands, or other real property for a purpose permitted by law and the person had no reasonable grounds to believe that the person's conduct might endanger the life or safety of another person or damage other property.

(3) As a part of the sentence following conviction, the court may order the defendant to pay restitution to:

(a) Persons having a legal or equitable interest in the property, park, preserve, wildlands, or other real property; and

(b) The State or any political subdivision thereof for the cost of police, fire, or emergency services used in responding to the fire or explosion.

(4) Arson in the first degree is a Class A felony.

§708- Arson in the second degree. (1) A person commits the offense of arson in the second degree, if by means of fire or explosion, the person intentionally or knowingly creates or causes:

(a) Physical harm to any property, park, preserve, wildlands, or other real property that results in damages less than $20,000.

(2) It shall be an affirmative defense to a prosecution under this section that the person's sole intent was to destroy or damage the property, park, preserve, wildlands, or other real property for a purpose permitted by law and the person had no reasonable grounds to believe that the person's conduct might endanger the life or safety of another person or damage other property.

(3) As a part of the sentence following conviction, the court may order the defendant to pay restitution to:

(a) Persons having a legal or equitable interest in the property, park, preserve, wildlands, or other real property; and

(b) The State or any political subdivision thereof for the costs of police, fire, or emergency services used in responding to the fire or explosion.

(4) Arson in the second degree is a class B felony.

§708- Arson in the third degree. (1) A person commits the offense of arson in the third degree, if by means of fire or explosion, the person recklessly creates or causes physical harm to any property, park, preserve, wildlands, or other real property.

(2) As a part of the sentence following conviction, the court may order the defendant to pay restitution to:

(a) Persons having a legal or equitable interest in the property, park, preserve, wildlands, or other real property; and

(b) The State or any political subdivision thereof for the costs of police, fire, or emergency services used in responding to the fire or explosion.

(3) Arson in the third degree is a Class C felony.

§708- Registration Requirements. (a) An arson offender shall register with the attorney general and comply with the provisions of this chapter for life.

(b) Registration information for each arson offender shall consist of a recent photograph, verified fingerprints, and a signed statement by the arson offender containing:

(1) Name and all aliases used by the arson offender or under which the arson offender has been known and other identifying information, including date of birth, social security number, sex, race, height, weight, and hair and eye color;

(2) The legal address and telephone number of the arson offender's residence or mailing address, or any current, temporary address where the arson offender has resided there;

(3) The legal address and telephone number where the arson offender is staying for a period of more than ten days, if other than the stated residence;

(4) The future address and telephone number where the arson offender is planning to reside, if other than the stated residence;

(5) Names and legal addresses of current and known future employers and the starting and ending dates of any such employment;

(6) The year, make, model, color, and license number of all vehicles currently owned or operated by the arson offender;

(7) Any additional identifying information about the arson offender.

§708- Access to registration information. (a)Registration information shall be disclosed as follows:

(1) The information shall be disclosed to law enforcement agencies for law enforcement purposes;

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

(3) The attorney general and any county fire department shall release relevant information that is necessary to protect the public concerning a specific person required to register under this chapter.

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

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

(2) The street name and zip code where the arson offender resides and how long the arson offender has resided there;

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

(4) The future street name and zip code, if known, where the arson offender planning to reside, if other than the stated residence;

(5) The street name and zip code of the arson offender's current locations of employment;

(6) The year, make, model, color, license number of all vehicles currently owned or operated by the arson offender; and

(7) A recent photograph of the arson offender.

§708- Duties upon discharge, parole, or release of arson offender. (a) The director of the state department of public safety or the director's designee, in charge of a jail, prison, hospital, school, or other institution to which an arson offender has been committed pursuant to a conviction, or an acquittal of finding of unfitness to proceed pursuant to chapter 704, for an arson offense, and each judge, or that judge's designee, who continues bail for or releases an arson offender following a guilty verdict or a plea of guilty or nolo contendere, who releases an arson offender on probation or who discharges an arson offender upon payment of a fine, and each agency having jurisdiction, shall prior to the discharge, parole, or release of the arson offender:

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

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

(3) Inform the arson offender that if the arson offender changes name, employment, vehicle, or residence address, the arson offender shall notify the attorney general of the new registration information in writing within three working days;

(4) Inform the arson offender that, if the arson offender changes residence to another state, the arson offender shall register the new address with the state attorney general and also with a designated law enforcement agency in the new state, if the new state has a registration requirement, not later than ten days after establishing residence in the new state;

(5) Obtain and verify fingerprints and a photograph of the arson offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

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

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

(b) No arson offender required to register under this section shall be discharged, released from any confinement, or placed on parole or probation unless the requirements of subsection (a) have been satisfied and all registration required under section 708- have been obtained.

(c) Not withstanding any law to the contrary, a copy of the signed statement and one copy of the registration information shall be transmitted to the state attorney general within three working days.

(d) Following receipt of the information from the agency having jurisdiction over the arson offender, the state attorney general shall notify the county police chief, county fire chief, or appropriate law enforcement agency having jurisdiction where the arson offender expects to reside.

(e) Each arson offender, within three working days after release from incarceration, release from committment, release on furlough, placement on parole, or placement on probation, or within three working days after arrival in a county in which the arson offender resides or expects to be present for a period exceeding ten days, shall register in person with the county chief of police having jurisdiction of the area in which the arson offender resides or is present. The chief of police shall transmit any arson registration information to the state attorney general and also shall provide the state attorney general with a photograph and fingerprints of the arson offender, taken at the time the arson offender registers with the chief of police. The arson offender shall report in person every five years to the county chief of police of the county where the arson offender's residence is located for purposes of having a new photograph taken.

§708- Periodic verification of registration information. Unless the arson offender is incarcerated or has registered with a designated law enforcement agency after establishing residence in another state, on the first day of every ninety day period following the arson offender's initial registration date:

(1) The attorney general shall mail a nonforwardable verification form to the last reported address of the arson offender;

(2) The arson offender shall signed the verification form and state that the arson offender still resides at the address last reported to the attorney general and that no other registration information has changed or shall provide the new information;

(3) The arson offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form; and

(4) If the arson offender fails to mail the verification form to the attorney general within ten days after receipt of the form, the arson offender shall be in violation of this chapter, unless the arson offender proves that the arson offender has not changed the residence address.

§708- Requirement to register a change of registration information; verification by the attorney general. (a) A arson offender required to register under this chapter who changes name, employment, vehicle, or residence address 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. If the new residence is in another state that has a registration requirement, the person shall register with a designated law enforcement agency in the state to which the person moves, not later than ten days after the person established residence in that state.

§708- Notification by the attorney general of changes in registration information. Immediately, and in no event, not later than ten days after receiving notice of a change in registration information, the attorney general shall report the change of registration information by an arson offender required to register under this chapter to the county police department where the arson offender is residing and, in the event the arson offender changes address to another state, shall report such change of address to the appropriate law enforcement agency with jurisdiction.

§708- Penalty. (a) For a first offense:

(1) Any person required to register under this chapter who recklessly fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor; and

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

(b) For any second of 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 shall be guilty of a class C felony.

SECTION 2. Section 132-4.5, Hawaii Revised Statutes, is amended to read as follows:

"[[] §132-4.5[]] Investigation of fires; immunity for information received from insurers. (a) The fire chief, police chief, and the prosecuting attorney of each county may require any insurer in writing to release information relating to any investigation the insurer has made concerning a loss or potential loss due to fire of suspicious or incendiary origin which information shall include but not be limited to:

(1) An insurance policy relating to such loss;

(2) Policy premium records;

(3) History of previous claims; and

(4) Other relevant material relating to such loss or potential loss.

(b) If any insurer has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the insurer shall furnish the county fire chief with all relevant material acquired during its investigation of the fire loss, cooperate with and take such action as may be required of it by the county fire chief, police chief, and prosecuting attorney, and permit any person ordered by the court to inspect any of its records pertaining to the policy and the loss. Such insurer may request the county fire chief, police chief, or prosecuting attorney to release information relating to any investigation the fire chief, police chief, or prosecuting attorney has made concerning any such fire loss of suspicious or incendiary origin.

(c) In the absence of fraud, malice, or criminal act, no insurer or person who furnishes information on its behalf, shall be liable for damages in a civil action or be subject to criminal prosecution for any oral or written statement made that is necessary to supply information required pursuant to this section.

(d) The county fire chief, police chief, and prosecuting attorney receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release it required in furtherance of a criminal or civil proceeding.

(e) The county fire chief, police chief, and prosecuting attorney, in person or by officers or members of [the fire chief's fire department,] their respective departments, may be required to testify as to any information in [the fire chief's] their possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against any insurance company for the fire loss."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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