CONFERENCE COMMITTEE REP. NO. 126

Honolulu, Hawaii

, 2005

RE: S.B. No. 708

S.D. 2

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 708, S.D. 2, H.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to amend and clarify laws governing the registration of sex offenders and offenders against children and allowing the public to access information relating to those offenders.

Specifically, this measure:

(1) Establishes separate registries for sex offenders and offenders against children;

(2) Allows certain categories of offenders to petition the court in the civil proceeding for termination of registration requirements;

(3) Establishes legal presumptions, based on the offense, that are to be applied in these civil proceedings;

(4) Provides that a covered offender who is a sexually violent predator, aggravated sex offender, or repeat covered offender may petition a court in a civil proceeding to terminate registration requirements if the offender has substantially complied with registration requirements for a period of forty years;

(5) Clarifies that the standard of proof applicable to a covered offender petitioning the court for termination of public access to registration information is a preponderance of the evidence;

(6) Provides that a denial by a court of a petition to terminate public access to registration information precludes the filing of another petition for five years from the date of the last denial;

(7) Clarifies the scope and type of offender registration information and permitted disclosures of this information; and

(8) Appropriates $1 for fiscal year 2005-2006, for state and county agencies to hire necessary staff to implement these provisions.

Your Committee on Conference has amended this measure by:

(1) Requiring sexually violent predators, repeat covered offenders, and aggravated sex offenders to comply with registration requirements for life;

(2) Clarifying that the time periods provided for registration and public access are tolled during any period of time that the covered offender is committed or recommitted to prison or confined to a halfway house or an equivalent facility pursuant to a parole or probation violation;

(3) Requiring a court to make a determination as to whether a covered offender is a sexually violent predator if a petition requesting termination of registration requirements is filed;

(4) Deleting the appropriation for state and county agencies; and

(5) Making technical, non-substantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 708, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 708, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

BLAKE K. OSHIRO, Co-Chair

____________________________

COLLEEN HANABUSA, Chair

____________________________

DWIGHT TAKAMINE, Co-Chair

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BRIAN T. TANIGUCHI, Co-Chair