Report Title:

Chapter 846E

Description:

Amends the current registration and public access laws governing sex offenders and offenders against children.

THE SENATE

S.B. NO.

708

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO CHAPTER 846E.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 846E, Hawaii Revised Statutes, is amended to read as follows:

"CHAPTER 846E

[SEX OFFENDER] REGISTRATION [AND NOTIFICATION] OF SEX OFFENDERS AND OTHER COVERED OFFENDERS; PUBLIC ACCESS TO REGISTRATION INFORMATION

§846E-1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Agency having jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the courts, the department of public safety, the Hawaii paroling authority, the office of youth services, [the courts,] and the department of health.

"Aggravated sexual offense" means a sexual offense:

(1) In which the perpetrator subjected the victim to an act of sexual penetration by strong compulsion; or

(2) In which the victim was under the age of fourteen.

"Conviction" means a judgment on a verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding an adjudication of a minor.

"Covered offender", except as otherwise provided herein, means:

(1) All offenders against children;

(2) All sex offenders; and

(3) Any person who is convicted of an offense that is not a covered offense, but by stipulation, agrees that the offense involved conduct chargeable as a crime against children or as a sexual offense.

"Covered offense", except as otherwise provided herein, means:

(1) All crimes against children;

(2) All sexual offenses; and

(3) All offenses where, by stipulation, the person convicted of the offense has agreed that the offense involved conduct chargeable as a crime against children or as a sexual offense.

["Criminal offense against a victim who is a minor"] "Crime against children" means any criminal offense, whenever committed, that is not a sexual offense and consists of:

(1) Kidnapping of a minor, except by a parent;

(2) Unlawful imprisonment in the first degree of a minor, except by a parent;

[(3) Criminal sexual conduct toward a minor;

(4) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

(5) Use of a minor in a sexual performance; or any crime defined in part VI of chapter 707 involving:

(A) Sexual conduct;

(B) Attempted sexual conduct; or

(C) A proposal to engage in sexual conduct;

(6) Solicitation of a minor to practice prostitution;

(7) Any conduct that by its nature is a sexual offense against a minor, but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(1)(b) or section 707-732(1)(b), if the perpetrator is eighteen years of age or younger;

(8)] (3) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in [paragraphs] paragraph (1) [through (7);] or (2); or

[(9) Any state, federal, or military law similar to paragraphs (1) through (8).]

(4) A criminal offense that is comparable to, or which exceeds, one of the offenses designated in paragraph (1), (2), or (3) or any federal, military, or out-of-state conviction for any offense that, under the laws of this State, would be a crime against children as designated in paragraph (1), (2), or (3).

"Mental abnormality" means a condition involving a disposition to commit criminal sexual acts of such a degree that it makes the person a menace to others.

"Offender against children" means any person, who is not a sex offender, who is:

(1) Convicted of a crime against children as defined in this chapter; or

(2) Any person who is charged with a crime against children as defined in this chapter and is found unfit to proceed and released into the community or a non-custodial setting or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and released into the community or a noncustodial setting.

"Parent" means a parent, legal guardian, or a person who has a hanai relationship with the minor that is equivalent to a parental relationship.

"Personality disorder" means the definition of "personality disorder" that appears in the Diagnostic and Statistical Manual of Mental Disorders: DSM-IV, American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (4th ed. 1994).

"Predatory" means an act directed at:

(1) A stranger; or

(2) A person with whom a relationship has been established or promoted for the primary purpose of victimization.

"Registration information" means the information specified in section [846E-2(b).] 846E-2(c).

"Repeat covered offender" means a covered offender who has been convicted of more than one covered offense.

"Release" means release from imprisonment, release from imprisonment on parole, release from imprisonment on furlough, or release from a halfway house or other equivalent facility, whichever is later. If a period of time is set to begin to run upon "release", that period shall begin to run on the date of the initial release after the serving of a sentence, and not any later release that takes place as a result of imprisonment for violation of terms and conditions of probation or parole, unless that later imprisonment is for a term of one year or more.

"Sex offender" means:

(1) Any person convicted of a ["sexually violent offense" or a "criminal offense against a victim who is a minor";] "sexual offense"; or

(2) Any person who is charged with a ["sexually violent offense" or a "criminal offense against a victim who is a minor"] sexual offense and is found unfit to proceed and is released into the community or a non-custodial setting or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704[.] and released into the community or a noncustodial setting.

["Sexually violent offense"] "Sexual offense" means an act [committed on, before, or after July 1, 1997], whenever committed, that is:

(1) An act defined in section 707-730(1)(a), 707-730(1)(b), 707-730(1)(c), 707-731(1)(a), 707-731(1)(b), 707-732(1)(a), [707-732(1)(e), and] 707-732(1)(f), 707-733(1)(a)[;], or 712-1202(b);

(2) An act defined in section 707-720 or 707-721 if the charging document for the offense for which there has been a conviction alleged actual or attempted sexual penetration or sexual contact;

(3) An act that consists of:

(A) Criminal sexual conduct toward a minor;

(B) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

(C) Use of a minor in a sexual performance; or

(D) The commission of any crime defined in part VI of chapter 707;

(E) Solicitation of a minor to practice prostitution; and

(F) Any conduct that by its nature is a sexual offense against a minor;

[(2)] (4) A criminal offense that is comparable to or that exceeds a [sexually violent] sexual offense as defined in [paragraph] paragraphs (1), (2), and (3) or any federal, military, or out-of-state conviction[,] for any offense that, under the laws of this State, would be a [sexually violent] sexual offense as defined in [paragraph] paragraphs (1)[;] , (2), and (3); or

[(3)] (5) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in [paragraph] paragraphs (1) [or (2).] through (4).

"Sexually violent predator" means a person:

(1) Who has been convicted of a sexual offense; and

(2) Who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexual offenses.

§846E-2 Registration requirements. (a) A [sex] covered offender shall truthfully register with the attorney general and comply with the provisions of this chapter for life[.] or as set forth herein. A covered offender who has not been convicted of an aggravated sexual offense, who is not a repeat covered offender, and who has not been determined to be a sexually violent predator, is eligible to have the duration of this registration requirement reduced by petitioning in a civil proceeding pursuant to the provisions of section 846E-2.1.

(b) Each provision of this chapter applicable to sex offenders is also applicable to offenders against children unless offenders against children are specifically excluded. Nothing in this chapter shall be construed to create any restriction on the publication of information related to covered offenders who are in substantial violation of the requirements of this chapter. Separately designated registries shall be maintained for:

(1) Sex offenders; and

(2) Offenders against children.

[(b)] (c) Registration information for each [sex] covered offender shall consist of a recent photograph, verified fingerprints, and [the following information:] a signed statement by the covered offender containing:

(1) Name and all aliases used by the [sex] covered offender or under which the [sex] covered offender has been known and other identifying information, including date of birth, social security number, sex, race, height, weight, and hair and eye color;

(2) The [legal] actual address and telephone number of the [sex] covered offender's residence or, if the covered offender has no residence, the covered offender's mailing address, or any current, temporary address where the [sex] covered offender resides, and for each address how long the [sex] covered offender has resided there;

(3) The [legal] actual address and telephone number where the [sex] covered offender is staying for a period of more than ten days, if other than the stated residence;

(4) [The] If known, the future address and telephone number where the [sex] covered offender is planning to reside, if other than the stated residence;

(5) Names and [legal] actual addresses of current and known future employers and the starting and ending dates of any such employment;

(6) Names and [legal] actual addresses of current and known future educational institutions with which the [sex] covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(7) The year, make, model, color, and license number of all vehicles currently owned or operated by the [sex] covered offender;

(8) A summary of the [criminal] covered offenses [against victims who were minors and sexually violent offenses] for which the [sex] covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(9) A statement indicating whether the [sex] covered offender has received or is currently receiving treatment for mental abnormality or personality disorder;

10) A statement indicating whether the [sex] covered offender is a United States citizen; and

(11) Any additional identifying information about the [sex] covered offender.

[(c)] (d) Whenever a [sex] covered offender provides registration information, during initial registration as a [sex] covered offender or when providing notice of a change in registration information, the [sex] covered offender also shall sign a statement verifying that all of the registration information is accurate and current.

[(d)] (e) In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter [for life], each [sex] covered offender shall also register in person with the county chief of police having jurisdiction of the area where the [sex] covered offender resides or is present. Registration under this subsection is for the purpose of providing the [sex] covered offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the [sex] covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. [Sex] Covered offenders required to register in person with the county chief of police under this subsection shall register within three working days upon:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Placement on parole; or

(6) Arrival in a county in which the [sex] covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (a), each [sex] covered offender shall report in person every five years to the county chief of police of the county where the [sex offender's residence is located] covered offender resides for purposes of having a new photograph taken.

§846E-2.1 Termination of registration requirements. (a) A covered offender who was convicted of an aggravated sexual offense, who is a repeat covered offender, or who has been designated a sexually violent predator must continue to comply with the registration requirements of this chapter for life.

(b) A covered offender subject to section 846E-3(c)(4), for whom thirty years has elapsed since conviction or release, whichever is later, and a covered offender subject to section 846E-3(c)(5) and (6), for whom twenty years has elapsed since conviction or release, whichever is later, and who is not and has never been found to be a sexually violent predator, may petition a civil court for termination of registration based upon proof by clear and convincing evidence that the covered offender:

(1) Is very unlikely to ever commit a covered offense again;

(2) Has substantially complied with all applicable registration requirements during the applicable period of time provided in subsection (b);

(3) Registration will not assist in protecting the safety of the public or any member thereof; and

(4) Is not a sexually violent predator.

(c) If the civil court reviewing a sex offender's petition for termination finds that the sex offender is able to provide proof of subsection (a)(1), (2), and (3), by clear and convincing evidence, and the court finds that the sex offender has not recently been evaluated for mental abnormality or personality disorder, the court shall order the sex offender to be evaluated by an expert in the field of psychiatry or psychology chosen from a court-approved list of experts. The State and the sex offender may, at their discretion, select additional experts in the field of psychiatry or psychology to conduct additional evaluations of the sex offender for mental abnormality and personality disorder. The court shall, based on expert evaluation, make a determination as to whether or not the sex offender has shown by clear and convincing evidence that the sex offender is not a sexually violent predator.

(d) A covered offender whose petition for termination of registration is granted, and who is no longer required to register as a covered offender pursuant to this chapter, is no longer subject to public access as provided in section 846E-3.

§846E-3 Access to registration information. (a) Registration information shall be disclosed as follows:

(1) The information shall be disclosed to law enforcement agencies for law enforcement purposes;

(2) The information shall be disclosed to government agencies conducting confidential background checks;

(3) The attorney general and any county police department shall release [relevant] the public information [that is necessary to protect the public] set forth in subsection (b) concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration under this chapter shall not be released.

(b) For purposes of this section, ["relevant information that is necessary to protect the public"] "public information" means:

(1) Name and all aliases used by the [sex] covered offender or under which the [sex] covered offender has been known;

(2) The actual address where the [sex] covered offender resides and how long the [sex] covered offender has resided there;

(3) The actual address where the [sex] covered offender is staying for more than ten days, if other than the stated residence;

(4) The future actual address, if known, where the [sex] covered offender is planning to reside, if other than the stated residence;

(5) The [actual addresses] street name and zip code of the [sex] covered offender's current locations of employment;

(6) Names and [legal] actual addresses of current and known future educational institutions with which the [sex] covered offender is affiliated as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(7) The year, make, model, color, and license number of all vehicles currently owned or operated by the [sex] covered offender[;], excluding vehicles not owned by the covered offender, a relative, or a person with whom the covered offender resides, and operated exclusively for purposes of work;

(8) A [brief summary] description of the [criminal] offenses [against victims who were minors and the sexually violent offenses] for which the [sex] covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704; [and]

(9) A recent photograph of the [sex] covered offender[.]; and

(10) A statement as to whether or not the covered offender is in substantial compliance with the registration requirements of this chapter.

[(c) Relevant information that is necessary to protect the public shall be collected for purposes of making it available to the general public, and a sex offender shall have a diminished expectation of privacy in the information.

(d) Prior to public release of a sex offender's relevant information under subsection (f), the State shall petition the court, in a civil proceeding, for an order permitting its release. The petition shall be filed with the court in which the offense was prosecuted, or, in the case where the offense did not occur in the State, in the circuit of the sex offender's residence with the court for which jurisdiction would be proper had the offense occurred in this State. The State shall be represented by the prosecuting attorney for the county where the hearing is held. The State shall have the burden of proving, by a preponderance of the evidence, that the sex offender is required to register under this chapter. Proof by the State shall give rise to a presumption that public release of relevant information is necessary to protect the public. The sex offender shall be given the opportunity to present evidence to rebut the presumption and to show that the offender does not represent a threat to the community and that public release of relevant information is not necessary.

If the court determines that public release of relevant information is necessary to protect the public, the court shall issue an order for the release. The order shall set the time duration of public release of relevant information, which shall be for a minimum period of ten years, unless any factor listed in paragraph (2), (4), (5), or (6) applies. If any of these factors apply, then the time duration of the public release shall be for the life of the sex offender; provided that upon petition by the sex offender, the court may modify its order for lifetime public release upon a showing, by clear and convincing evidence, that the sex offender suffers an extraordinary physical disability that prevents the offender from committing future sexual offenses.

The court in making its determination shall consider the following factors:

(1) The offense involved the death or serious bodily injury of another person;

(2) The offense resulted in sentencing under the terms of section 706-606.5, 706-660.2, or 706-661;

(3) The offender has inexcusably failed to comply with terms and conditions of probation or parole;

(4) The victim was twelve years of age or younger at the time of the offense;

(5) The offender either prior to or subsequent to the offense requiring registration under this chapter, has been convicted, found unfit to proceed, or acquitted due to a physical or mental disease, disorder, or defect, of a sexual offense or an offense against children, including all offenses occurring in other jurisdictions;

(6) The offender has been convicted, found unfit to proceed, or acquitted due to a physical or mental disease, disorder, or defect, of a sexual assault as defined in section 707-730(1)(a) or an offense that is comparable in another jurisdiction;

(7) The offender has inexcusably failed to register as a sex offender or is otherwise not in compliance with this chapter; and

(8) The offender has been convicted of any crime since the conviction requiring the offender's registration.

(e) Subsections (d) and (f) shall not apply to offenders who have been convicted of a single misdemeanor sexual offense. Offenders convicted of multiple sexual offenses shall be subject to subsections (d) and (f).

(f) The release of relevant information that is necessary to protect the public shall be accomplished by public access to a file containing the relevant information on each registered sex offender, a copy of which shall be provided for inspection upon request at the Hawaii criminal justice data center and at one or more designated police stations in each county, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays excluding holidays. The chief of police and the attorney general shall provide the relevant information on sex offenders upon payment of reasonable fees. Relevant information on each registered sex offender may also be released from an electronic database maintained by the respective law enforcement agencies that is accessible to users through an interactive computer-based system.]

(c) Public access to a covered offender's public information shall be permitted with regard to each covered offender beginning the next working day following the filing of a judgment of conviction for a covered offense, or as soon thereafter as is practical. Public access shall continue until the expiration of the following periods:

(1) At least forty years after sentencing or release, whichever is later, of a repeat covered offender with at least two separate convictions for a crime for which this chapter requires registration, one of which is a felony;

(2) At least thirty years after sentencing or release, whichever is later, of any covered offender who has been convicted of an aggravated sexual offense;

(3) At least forty years after sentencing or release, whichever is later, of any covered offender who has been found by a court to be a sexually violent predator;

(4) At least thirty years after sentencing or release, whichever is later, of any covered offender who is not subject to paragraph (1), (2), or (3) and whose most serious covered offense conviction is a class A felony or its non-Hawaii equivalent;

(5) At least twenty years after a covered offender's date of sentencing or release, whichever is later, for those covered offenders who are not subject to paragraphs (1) through (4) and whose most serious covered offense conviction is a class B felony or its non-Hawaii equivalent; or

(6) At least ten years after a covered offender's date of sentencing or release, whichever is later, for those covered offenders who are not subject to paragraphs (1) through (5) and:

(A) Whose most serious covered offense conviction is a class C felony or its non-Hawaii equivalent; or

(B) Have been convicted of a second or subsequent misdemeanor covered offense when all of the previous covered offenses are also misdemeanors.

(d) Public access authorized by this subsection shall be accomplished by the following methods:

(1) Public access to the public information for each covered offender subject to subsection (c)(1) through (5) shall be provided by both public Internet access and on-site public access;

(2) Public access to the public information for each covered offender subject to subsection (c)(6) shall be provided by on-site public access.

(3) On-site public access shall be provided by public access to the public information for each covered offender at the Hawaii criminal justice data center and at one or more designated police stations in each county, to be designated by the attorney general, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, excluding holidays.

(e) After forty years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c)(1) and (3), thirty years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c)(2) and (4), twenty years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c)(5), and ten years have elapsed after release or sentencing, whichever is later, for covered offenders subject to subsection (c)(6), a covered offender may file a civil action to terminate public access. The court may order this termination upon proof, by clear and convincing evidence, that the covered offender:

(1) Has had no new convictions for covered offenses;

(2) Is very unlikely to ever commit a covered offense again; and

(3) Public access to the covered offender's public information will not assist in protecting the safety of the public or any member thereof.

(f) If a covered offender has been convicted of only one covered offense, and if that one covered offense is a misdemeanor, then that covered offender shall have no public information and there shall be no public access to any of the registration information for that covered offender.

(g) The following message shall be posted on the site of Internet access and at the site of each location where public access to covered offender registration is allowed: "Information regarding covered offenders is permitted pursuant to chapter 846E, Hawaii Revised Statutes. Public access to these records is based only on the fact of each offender's conviction and is not based on an estimate of the offender's current dangerousness. By allowing public access to this information, the State of Hawaii makes no representation that the covered offenders are currently dangerous or not. Any person who uses information in this registry to injure, harass, or commit a criminal act against any person included in the registry may be subject to criminal prosecution, civil liability, or both."

(h) The public access provisions of this section apply to all covered offenders convicted prior to the effective date of this chapter and all covered offenders convicted subsequent to the effective date of this chapter.

§846E-4 Duties upon discharge, parole, or release of [sex] covered offender. (a) Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a [sex] covered offender has been committed pursuant to [a conviction, or an acquittal or finding of unfitness to proceed pursuant to] chapter 704, for a [sexually violent] covered offense [or a criminal offense against a victim who is a minor], and each judge, or that judge's designee, who continues bail for or releases a [sex] covered offender following a guilty verdict or a plea of guilty or nolo contendere, who releases a sex offender on probation or who discharges a [sex] covered offender upon payment of a fine, and each agency having jurisdiction, shall, prior to the discharge, parole, or release of the [sex] covered offender:

(1) Explain to the [sex] covered offender the duty to register and the consequences of failing to register under this chapter;

(2) Obtain from the [sex] covered offender all of the registration information required by this chapter;

(3) Inform the [sex] covered offender that if at any time the [sex] covered offender changes [any of the sex offender's registration information,] name, employment, vehicle, or residence address, the [sex] covered offender shall notify the attorney general of the new registration information in writing within three working days;

(4) Inform the [sex] covered offender that, if at any time the [sex] covered offender changes residence to another state, the [sex] covered offender shall register the new address with the attorney general and also with a designated law enforcement agency in the new state, if the new state has a registration requirement, [within the period of time mandated by the new state's sex offender registration laws;] not later than ten days after establishing a residence in the new state;

(5) Obtain and verify fingerprints and a photograph of the [sex] covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

(6) Require the [sex] covered offender to sign a statement indicating that the duty to register has been explained to the [sex] covered offender; and

(7) Give one copy of the signed statement and one copy of the registration information to the [sex] covered offender.

(b) No [sex] covered offender required to register under this chapter shall be discharged, released from any confinement, or placed on parole or probation unless the requirements of subsection (a) have been satisfied and all registration information required under section 846E-2 has been obtained.

(c) Notwithstanding any law to the contrary, a copy of the signed statement and one copy of the registration information shall be transmitted to the attorney general within three [working days.] workdays.

(d) Following receipt of the information from the agency having jurisdiction over the [sex] covered offender, the attorney general immediately shall enter the information into a statewide record system, unless the information has been previously entered into a statewide record system, and notify the county police department or appropriate law enforcement agency having jurisdiction where the [sex] covered offender expects to reside. The attorney general immediately shall transmit the conviction data and verified fingerprints to the Federal Bureau of Investigation, unless the items have been previously transmitted to the Federal Bureau of Investigation.

(e) The chief of police shall transmit any [sex] covered offender registration information required by this chapter to the attorney general, by entering the information into a statewide record system, if the information has not previously been entered into the system, and also shall provide the attorney general with a photograph and fingerprints of the [sex] covered offender, taken at the time the [sex] covered offender registers with the chief of police. The [sex] covered offender shall report in person every five years to the county chief of police of the county where the [sex] covered offender's residence is located for purposes of having a new photograph taken.

[[]§846E-5[]] Periodic verification of registration information. Unless the [sex] covered offender is incarcerated or has registered with a designated law enforcement agency after establishing residence in another state, on the first day of every ninety-day period following the [sex] covered offender's initial registration date:

(1) The attorney general shall mail a nonforwardable verification form to the last reported address of the [sex] covered offender;

(2) The [sex] covered offender shall sign the verification form and state that the [sex] covered offender still resides at the address last reported to the attorney general and that no other registration information has changed or shall provide the new information;

(3) The [sex] covered offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form; and

(4) If the [sex] covered offender fails to mail the verification form to the attorney general within ten days after receipt of the form, the [sex] covered offender shall be in violation of this chapter, unless the [sex] covered offender proves that the [sex] covered offender has not changed the residence address.

§846E-6 Requirement to register a change of registration information; verification by the attorney general. (a) A [sex] covered offender required to register under this chapter, who changes any of the [sex] covered offender's registration information after an initial registration with the attorney general, shall notify the attorney general of the new registration information in writing within three working days of the change. For purposes of this section, a person shall be deemed to have established a new residence during any period in which the person is absent from the person's registered residence for ten or more days. If the new residence is in another state that has a registration requirement, the person shall register with the designated law enforcement agency in the state to which the person moves, within the period of time mandated by the new state's sex offender registration laws.

(b) If the attorney general receives notice from the Federal Bureau of Investigation that a [sex] covered offender required to be registered under this chapter or under any federal law has entered the State, the attorney general shall notify the Federal Bureau of Investigation of the covered offender's new residence.

(c) If the attorney general cannot verify the address of or locate a [sex] covered offender required to be registered under this chapter or under federal law, the attorney general immediately shall notify the Federal Bureau of Investigation.

§846E-7 Notification by the attorney general of changes in registration information. Immediately, and [in no event,] not later than ten days after receiving notice of a change of registration information, the attorney general shall report the change of registration information by a [sex] covered offender required to register under this chapter to the county police department where the [sex] covered offender is residing and, in the event the [sex] covered offender changes address to another county or state, shall report such change of address to the Federal Bureau of Investigation. If the [person] covered offender changes residence to another state, the attorney general also shall notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.

[[]§846E-8[]] Good faith immunity. Law enforcement agencies, employees of law enforcement agencies, and state and county officials shall be immune from liability for good faith conduct under this chapter.

§846E-9 Failure to comply with [sex] covered offender registration requirements. (a) A person commits the offense of failure to comply with [sex] covered offender registration requirements if the person is required to register under this chapter and the person intentionally, knowingly, or recklessly:

(1) Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

(2) Fails to report in person to the county chief of police of the county where the [sex] covered offender's residence is located, for purposes of having a new photograph taken within five years after the previous photograph was taken;

(3) Fails to register in person with the county chief of police having jurisdiction of the area where the [sex] covered offender resides or is present within three working days whenever the provisions of section 846E-2(d) require the person to do so;

(4) Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the [sex] covered offender's registration information in writing within three working days of the change;

(5) Provides false registration information to the attorney general, the Hawaii criminal justice data center, or a chief of police; or

(6) Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not substantially accurate and current; or

(7) Fails to comply with any other requirement of this chapter.

(b) Any person required to register under this chapter who intentionally or knowingly violates subsection (a) shall be guilty of a class C felony.

(c) Any person required to register under this chapter who recklessly violates subsection (a) shall be guilty of a misdemeanor.

(d) For any second or subsequent offense, any person required to register under this chapter who intentionally, knowingly, or recklessly violates subsection (a) shall be guilty of a class C felony.

§846E-10 Determination of whether a sex offender is a sexually violent predator. At any time after a determination of guilt, upon petition by the State in a civil action, a court may make a determination as to whether a sex offender is a sexually violent predator. Prior to making a determination, the court shall order the sex offender to be evaluated for mental abnormality and personality disorder by an expert in the field of psychiatry or psychology chosen from a court-approved list of experts. The State and the sex offender may, at their discretion, select additional experts in the field of psychiatry or psychology to conduct additional evaluations of the sex offender. The court shall, based on expert evaluation, make a determination as to whether or not the sex offender is a sexually violent predator for purposes of this chapter.

§846E-11 Tolling of time periods. All time periods referenced in this chapter shall be tolled during any period in which the covered offender is committed to imprisonment, or confined to a halfway house or an equivalent facility for a period in excess of thirty days."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of ________, or so much thereof as may be necessary for fiscal year 2005-2006, to carry out the purposes of this Act, including one full-time equivalent (1.00 FTE) clerk typist IV, and one full-time equivalent (1.00 FTE) clerical supervisor III.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST