STAND. COM. REP. NO.2825

Honolulu, Hawaii

, 2002

RE: S.B. No. 2698

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2698, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose of this measure is to amend provisions of Hawaii's sex offender registration and notification laws to comply with the State Supreme Court's ruling in State of Hawaii v. Eto Bani, in which Hawaii's previous law was struck down.

Testimony in support of this measure was received from the Attorney General (AG), Department of Public Safety, Honolulu Prosecuting Attorney, Honolulu Police Department, Volunteer Legal Services of Hawaii, and Hawaii Family Forum.

The Public notification provisions of Hawaii's sex offender registration law, chapter 846E, Hawaii Revised Statutes, were invalidated by the Hawaii Supreme Court in November, 2001, on the grounds that they violated a person's right to due process under the state and federal Constitutions.

This measure seeks to remedy the statutory problems identified by the Hawaii Supreme Court by establishing a mechanism that would balance the State's substantial interest in requiring sex offender registration with the offender's interest in protecting against the erroneous deprivation of his or her liberty. This measure limits the public's access to registration information regarding convicted sex offenders to only those offenders deemed a high risk after a court hearing.

Your Committee notes the testimony of the Honolulu Prosecuting Attorney that sex offenders and offenders against children pose a risk to public safety due to the high rate of recidivism. Particularly with regards to children, public notification is a key component in enhancing public safety by providing parents of victims with information that could assist them in protecting their children.

According to testimony of the AG, Hawaii is no longer in compliance with applicable federal standards because of the Bani case, resulting in a loss of federal grants of about $300,000 per year. This measure would make Hawaii eligible again for those grants by satisfying Hawaii constitutional protections and federal standards.

Your Committee has amended this measure by:

(1) Upon the recommendation of the AG, clarifying the definition of "sexual offense" by specifying that it includes any conviction for similar offenses under previous Hawaii law, and by adding any felony sexual assault in which the victim is less than sixteen years old and the perpetrator is eighteen years or older;

(2) Deleting the repeal of the street name of the offender in regards to public access information;

(3) Requiring that the release of public information by public access include all covered offenders; and

(4) Making technical changes for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2698, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2698, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair