STAND. COM. REP. NO. 1484

Honolulu, Hawaii

, 2004

RE: H.C.R. No. 267

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.C.R. No. 267 entitled:

"HOUSE CONCURRENT RESOLUTION URGING HAWAII'S CONGRESSIONAL DELEGATION TO VOTE TO REPEAL THE USA PATRIOT ACT, TO VOTE AGAINST REAUTHORIZATION OF PROVISIONS OF THE USA PATRIOT ACT, TO VOTE AGAINST THE DOMESTIC SECURITY ENHANCEMENT ACT, OR "PATRIOT II," AND AFFIRMING THE LEGISLATURE'S COMMITMENT TO HUMAN RIGHTS, CIVIL LIBERTIES, AND ALL PROTECTIONS GUARANTEED BY THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF HAWAII, AND OTHER INTERNATIONAL CHARTERS AND COVENANTS,"

begs leave to report as follows:

The purpose of this concurrent resolution is to urge Hawaii's Congressional delegation to vote to repeal the USA Patriot Act, to vote against reauthorization of the provisions of the USA Patriot Act, to vote against the Domestic Security Enhancement Act, or "Patriot II," and to affirm the Legislature's commitment to human rights, civil liberties, and all protections guaranteed by the Constitution of the United States, the Constitution of the State of Hawaii, and other international charters and covenants.

Your Committee deleted and replaced the contents of this concurrent resolution and notes that resolutions containing content similar to the original contents of this concurrent resolution were reported out of this Committee and are making their way through the legislative process.

Your Committee inserted provisions requesting the Attorney General and county prosecutors to report on the progress made to ensure public access to information about sexual predators required to be filed under Hawaii's "Megan's Law." The resulting proposed draft was made available to the public.

No testimony was offered on the proposed draft.

Your Committee finds that there is a great need to provide the public with information regarding the identity and location of dangerous persons convicted of crimes against children and violent sexual offenses. Your Committee finds that a previously-unused procedure under Chapter 846E, Hawaii Revised Statutes (Hawaii's Megan's Law), would allow the Attorney General to immediately revive the internet public sex-offender registry through a simple civil-hearings process.

Your Committee further finds that much can be learned as the Attorney General, working in concert with other entities involved in law enforcement, public safety, and the administration of justice, begins to use the procedures available under Hawaii's Megan's Law to revive the internet sex-offender registry. Among other things, the Legislature will be able to analyze issues relating to implementation and administration of a public sex-offender registry.

The amendments made by your Committee to this concurrent resolution include:

(1) Changing its title to:

"REQUESTING THE attorney general TO report to the legislature on progress made by the office of the attorney general and the prosecuting attorneys from the counties of the state of hawaii in uSing chapter 846E, hawaii revised statutes, to restore public access to REGISTRATION information regarding DANGEROUS persons convicted of certain offenses against children and certain sexual offenses;"

(2) Removing its contents and inserting language requesting that:

(A) The Attorney General immediately begin using the procedures provided in Hawaii's Megan's Law to revive the internet sex-offender registry;

(B) The Attorney General inform the Legislature of the progress made in these efforts by submitting a preliminary report on September 30, 2004, and a final report twenty days before the 2005 Regular Session to include certain specified information, some of which is to be presented using specific categories and formats;

(C) The Attorney General inform the Legislature by May 27, 2004, of its position regarding whether and to what extent the hearing process under Hawaii's Megan's Law requires the participation of a public defender;

(D) The Attorney General, Adult Client Services, and Hawaii Paroling Authority work together to identify high-priority candidates for placement on the internet sex-offender registry;

(E) The county prosecutors cooperate fully with the Attorney General in these efforts;

(F) The Judiciary keep statistics on any hearings requested under Hawaii's Megan's Law; and

(G) Certified copies of this concurrent resolution be transmitted to the Attorney General, Judiciary, county chiefs of police, county prosecuting attorneys, Public Defender, Adult Client Services, Hawaii Paroling Authority, Hawaii State Bar Association, and Governor.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 267, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 267, H.D. 1.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair