Report Title:

Repeat covered offender; definition

Description:

Amends the definition of "repeat covered offender," to expressly except conviction of multiple counts within a single charging document. Adds conviction for a covered offense, unless incarcerated, and released on probation as events requiring a covered offender to register with the attorney general. Clarifies that the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State must represent the State in any civil proceeding to terminate public access. (HB2282 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2282

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHAPTER 846E.

 

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

SECTION 1. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "repeat covered offender" to read as follows:

""Repeat covered offender" means:

(1) A person who is or has been convicted at any time, whether before or after [[]May 9, 2005,[]] of more than one covered offense as defined in this section[;], except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or

(2) A person who is or has been charged at any time, whether before or after the [[]May 9, 2005,[]] with more than one covered offense as defined in this section and who has been, more than once, either:

(A) Convicted;

(B) Found unfit to proceed pursuant to chapter 704; or

(C) Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704."

SECTION 2. Section 846E-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present. Registration under this subsection is for the purpose of providing the covered offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after[:] the earliest of:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Conviction for a covered offense, unless incarcerated;

(6) Release on probation;

[(5)] (7) Placement on parole; or

[(6)] (8) Arrival in a county in which the covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (a), each covered offender shall report in person every five years to the chief of police where the covered offender resides for purposes of having a new photograph taken."

SECTION 3. Section 846E-3, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) After forty years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c), paragraph (1); thirty years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c), paragraph (2); twenty-five years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c), paragraph (3); fifteen years have elapsed after release or sentencing, whichever is later for covered offenders subject to subsection (c), paragraph (4); and ten years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c), paragraph (5), a covered offender may petition the court in a civil proceeding to terminate public access. In the civil proceeding to terminate public access, the State shall be represented by the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State of Hawaii. For covered offenders who have never been convicted of a covered offense within the State of Hawaii, the prosecuting attorney for the county in which the covered offender resides shall represent the State. The court may order this termination upon proof by a preponderance of the evidence that the covered offender:

(1) Has had no new convictions for covered offenses;

(2) Is very unlikely to commit a covered offense ever again; and

(3) Public access to the covered offender's public information will not assist in protecting the safety of the public or any member thereof;

provided that a denial by the court for relief pursuant to a petition under this section shall preclude the filing of another petition for five years from the date of the last denial."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2069.