Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2698, S.D. 2, entitled:

begs leave to report as follows:

The purpose of the bill is to revise chapter 846E, Hawaii Revised Statutes (HRS), to address the Hawaii Supreme Court's decision in State of Hawaii v. Eto Bani, and to make other revisions pertaining to sex offender registration.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of Public Safety, Department of the Prosecuting Attorney for the City and County of Honolulu, County of Hawaii Office of the Prosecuting Attorney, Hawaii County Police Department, Maui County Police Department, and Volunteer Legal Services Hawaii. The Office of the Public Defender opposed this measure.

Your Committee finds that the case of State of Hawaii v. Eto Bani expressed many concerns about chapter 846E, HRS, but the decision focused specifically on the provisions of section 846E-3, HRS. The court voided the notification provisions for want of providing the defendant an opportunity to be heard as to whether notification should apply to the defendant.

Your Committee has amended this bill by deleting the contents and inserting provisions that solely address the expressed concerns of the Hawaii Supreme Court by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2698, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2698, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.