STAND

STAND. COM. REP. NO. 987-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2842

S.D. 1

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2842, S.D. 1, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to provide greater protection to children by:

(1) Defining child pornographers as sex offenders; and

(2) Requiring sex offenders to register with the chief of police of the county where the sex offender resides or is present.

This bill also:

(1) Redrafts the penalty provisions of the sex offender registration law (chapter 846E, Hawaii Revised Statutes) to conform to the drafting conventions of the Model Penal Code; and

(2) Makes nonsubstantive "housekeeping" amendments to the chapter.

The Department of the Attorney General, County of Hawaii Police Department, City and County of Honolulu Department of the Prosecuting Attorney, and Sex Abuse Treatment Center testified in support of this measure. The Office of the Public Defender opposed this bill.

Your Committee has amended this bill by:

(1) Clarifying that a sex offender means any person convicted of child pornography that involves:

(a) Sexual conduct;

(b) Attempted sexual conduct; or

and

(2) Making technical, nonsubstantive amendments for style and clarity.

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. 2842, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 2842, S.D. 1, H.D. 2.

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

		____________________________ ERIC G. HAMAKAWA, Chair