HOUSE OF REPRESENTATIVES

H.B. NO.

1026

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COVERED OFFENDER REGISTRATION.

 

 

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

 


     SECTION 1.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The agencies and other entities named in subsections (b) and (c) may conduct state and national criminal history record checks on personnel identified in subsections (b) and (c), and participate in the rap back program, for the purpose of determining suitability or fitness for a permit, license, employment, or volunteer service; provided that the Hawaii criminal justice data center may charge a reasonable fee for the criminal history record checks performed.  The agencies and other entities named in subsections (b) and (c) shall notify applicants, employees, and volunteers subject to a criminal history record check pursuant to this section that their fingerprints shall be retained by the Hawaii criminal justice data center and the Federal Bureau of Investigation for all purposes and uses authorized for fingerprint submissions.   Notification shall also be given to the applicants, employees, and volunteers subject to the rap back program.  The criminal history record check shall include the submission of fingerprints to:

     (1)  The Federal Bureau of Investigation for a national criminal history record check; and

     (2)  The Hawaii criminal justice data center for a state criminal history record check that shall include nonconviction data[.] and an indication of the applicant's, employee's or volunteer's requirement to register as a covered offender pursuant to chapter 846E.

Except as otherwise provided in this section, criminal history record information shall be used exclusively for the stated purpose for which it was obtained in accordance with section 378-2.5."

     SECTION 2.  Section 846E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Registration information shall be disclosed as follows:

     (1)  The information shall be disclosed to [law enforcement] criminal justice agencies, as defined in section 846-1, for [law enforcement] administration of criminal justice and covered offender registration purposes;

     (2)  [The information] An indication regarding a covered offender's requirement to register shall be disclosed in response to [government] agencies and entities conducting confidential [background] fingerprint-based state and national criminal history record checks[;] pursuant to section 846-2.7, provided that such indication shall not include disclosure of confidential registration information; and

     (3)  The attorney general and any county police department shall release public information as provided in subsection (b) concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration under this chapter shall not be released."

     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:

_____________________________

 

 

BY REQUEST

 


 


 

Report Title:

Covered Offender Registration

 

Description:

Allows the attorney general to disclose confidential covered offender registration information to criminal justice agencies for administration of criminal justice and covered offender registration purposes and to disclose an indication of a covered offender's requirement to register in response to a fingerprint-based state and national criminal history record check conducted pursuant to section 846-2.7, Hawaii Revised Statutes.

 

 

 

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