STAND. COM. REP. NO. 675

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1042

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 1042, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COVERED OFFENDER REGISTRATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Repeal the existing provision that allows persons designated as covered offenders in another state or jurisdiction to petition the Attorney General for termination of sex offender registration requirements upon demonstrating that the out of state convictions are not covered offenses in the State of Hawaii;

 

     (2)  Require certain long-term visitors to Hawaii with out-of-state convictions to register; and

 

     (3)  Clarify how persons required to register can petition to terminate registration.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General and Department of Public Safety.

 

     Your Committee finds that existing sex offender registration laws allow out-of-state persons who intend to reside or maintain a residence in Hawaii, visit Hawaii for ten or more days, or visit Hawaii for thirty or more days a year, and who have been or are required to be registered in another state as a sex offender, to avoid registration by establishing that they do not meet the criteria for registration as a covered offender in Hawaii because the out-of-state conviction in their state is not for a covered offense under Hawaii law.  Your Committee further finds that allowing out-of-state covered offenders to avoid registering as a sex offender in Hawaii by demonstrating that Hawaii's law is different from the law of the state that required the person to register as a sex offender is an unintended loophole in the registration law.  This measure closes the loophole by requiring those persons who have been designated as a sexual offender in another state, who is or would be required to be on a sex offender registry in that state, to be subject to registration requirements in the State of Hawaii.

 

     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. 1042, S.D. 1, and recommends that it pass Third Reading.

 

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

 

 

 

________________________________

KARL RHOADS, Chair