STAND. COM. REP. NO.3261

Honolulu, Hawaii

, 2002

RE: H.B. No. 2440

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Health and Human Services and Judiciary, to which was referred H.B. No. 2440, H.D. 1, entitled:

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

beg leave to report as follows:

The purpose of this measure is to revise chapter 846E, Hawaii Revised Statutes, on Sex Offender Registration and Notification to address the Hawaii Supreme Court's concerns expressed in State of Hawaii v. Eto Bani.

Testimony supporting this measure was received from the Department of Public Safety and Volunteer Legal Services Hawaii. Opposing testimony that preferred the Senate version of this measure, S.B. No. 2698, S.D. 2, was received from the Department of the Attorney General, County of Honolulu Department of the Prosecuting Attorney, and County of Maui Police Department. Other opposing testimony was received from the County of Hawaii Police Department.

The public notification provisions of Hawaii's sex offender registration law, chapter 846E, Hawaii Revised Statutes, were invalidated by the Hawaii Supreme Court in November, 2001, on the grounds that they violated a person's right to due process under the state and federal constitutions.

Your Committees find that immediate and appropriate action is necessary to remedy the concerns of the Hawaii Supreme Court to ensure that the law accomplishes its intent, which is to preserve public safety, especially the safety of Hawaii's children. Your Committees further recognizes that since the enactment of chapter 846E, Hawaii Revised Statutes, additional federal laws relating to sexual offender notification and registration have been enacted. Conformance with these federal laws directly affects the State's ability to receive federal funds.

Your Committees find that this measure in its current form limits its scope to addressing the concerns of the Hawaii Supreme Court. Therefore, your Committees have amended this measure by replacing its contents with the Senate version, S.B. No. 2698, S.D. 2. As amended this measure, among other things:

(1) Addresses the due process concerns of the Hawaii Supreme Court expressed in State of Hawaii v. Eto Bani by establishing hearing and petition procedures and specifying conditions for registration information availability and release;

(2) Conforms state law to the federal laws relating to sex offender notification and registration;

(3) Distinguishes sex offenders from other offenders by appropriately creating a separate registry for persons who commit acts of kidnapping and unlawful imprisonment that are not sexually related;

(4) Further clarifies what constitutes a "sexual offense" under chapter 846E, Hawaii Revised Statutes; and

(5) Makes various conforming technical amendments to chapter 846E, Hawaii Revised Statutes.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2440, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2440, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Judiciary,

____________________________

BRIAN KANNO, Chair

____________________________

DAVID MATSUURA, Chair