Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2843 entitled:

begs leave to report as follows:

The purpose of this measure is to propose a constitutional amendment to allow public access to information concerning persons convicted of sexual offenses and crimes against children.

Testimony in support of this measure was submitted by the Department of the Attorney General, City and County of Honolulu Department of the Prosecuting Attorney, County of Maui Department of the Prosecuting Attorney, County of Hawaii Police Department, Honolulu Police Department, County of Kauai Police Department, County of Maui Police Department, Hawaii Family Forum, Sex Abuse Treatment Center, and five individuals. Testimony in opposition to this measure was submitted by the Office of the Public Defender and American Civil Liberties Union of Hawaii.

Your Committee finds that there is a considerable public health and safety interest in providing sex offender registration information to the public so that parents and communities are aware of possible dangers to children. These provisions would enable the parents and communities to provide appropriate protection and supervision to take steps to protect their children. This measure guarantees public access to such information.

Your Committee further finds that the current statutory law is cumbersome and time consuming, and by implementing this measure, your Committee believes that the process would be more streamlined and better balance the right of the public to know about threats to their children and the rights of the defendant.

Your Committee has amended this measure to add the word "certain" when referencing "crimes" within the constitutional amendment, as well as the constitutional question.

Your Committee further adopted the amendments suggested by the Department of the Attorney General by amending the constitution and the constitutional question to "provide by law which offenses are subject to this provision, and for the manner in which public access to the registration information is obtained."

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. 2843, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2843, S.D. 1, and be placed on the calendar for Third Reading.