CHAPTER 846E

REGISTRATION OF SEX OFFENDERS AND OTHER COVERED

OFFENDERS AND Public Access to Registration Information

Section

   846E-1 Definitions

   846E-2 Registration requirements

   846E-3 Access to registration information

   846E-4 Duties upon discharge, parole, or release of covered

          offender

   846E-5 Periodic verification of registration information

   846E-6 Requirement to register a change of registration

          information; verification by the attorney general

   846E-7 Notification by the attorney general of changes in

          registration information

   846E-8 Good faith immunity

   846E-9 Failure to comply with covered offender registration

          requirements

  846E-10 Termination of registration requirements

  846E-11 Repealed

  846E-12 Tolling

  846E-13 Repealed

Note

  Chapter heading amended by L 2005, c 45, §2.

Revision Note

  Chapter was enacted as addition to title 37 but was renumbered pursuant to §23G-15.

  In this chapter, subsection, paragraph, and subparagraph designations are redesignated pursuant to §23G-15(1).

Law Journals and Reviews

  When Children Prey on Children:  A Look at Hawai‘i's Version of Megan's Law and its Application to Juvenile Sex Offenders.  20 UH L. Rev. 477 (1998).

Case Notes

  Indecent exposure, in violation of §707-734, does not constitute an offense that entails "criminal sexual conduct" and, consequently, persons convicted of indecent exposure are not "sex offenders" for purposes of this chapter; thus, defendant was not required to register as a "sex offender" pursuant to this chapter.  102 H. 383, 76 P.3d 935 (2003).

  Registration requirements under this chapter not cruel and unusual punishment under article I, §12 of the Hawaii constitution as registration requirements are not so punitive in nature as to overcome legislature's remedial purpose.  105 H. 222, 96 P.3d 242 (2004).

  The lifetime registration component of the Hawaii sex offender registration statute implicates a protected liberty interest under the Hawaii constitution, article I, §5 and requires that minimum requirements of due process--notice and opportunity to be heard--be afforded to convicted sex offenders; such a proceeding may be instituted by a sex offender in a special proceeding.  105 H. 222, 96 P.3d 242 (2004).

  This chapter, as applied to defendant, was not grossly disproportionate to the offenses for which defendant was convicted, as proportionality is not guaranteed by the Eighth Amendment; the question was whether the statute itself effects a punishment which was both severe and unknown to Anglo-American tradition.  105 H. 222, 96 P.3d 242 (2004).

  This chapter not violative of ex post facto clause under Article I, §10 of the U.S. Constitution as legislature's express purpose was for chapter to be remedial rather than punitive and statutory scheme is not so punitive as to negate the State's remedial purpose.  105 H. 222, 96 P.3d 242 (2004).