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:

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:

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.