STAND. COM. REP. NO. 998

Honolulu, Hawaii

, 2005

RE: S.B. No. 708

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 708, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to protect the public by amending laws governing public access to registration information on certain sex offenders and offenders against children.

This measure:

(1) Establishes separate registries for sex offenders and offenders against children;

(2) Repeals hearing requirements to allow public access to registration information;

(3) Establishes court procedures to terminate registration and public access for certain offenders; establishes automatic expiration of registration and public access for certain offenders, based upon offenses;

(4) Establishes presumptions for use in civil proceedings to determine whether public access may be terminated;

(5) Provides that time periods are tolled if a covered offender violates parole or probation;

(6) Clarifies what registration information is subject to public access and how and when public access is available; and

(7) Appropriates an unspecified amount for hiring of state and county staff to implement and administer registration and public access requirements for covered offenders.

Your Committee believes that this measure will fairly implement the recent amendment to the Constitution of the State of Hawaii that provides public access to certain registration information concerning convicted sex offenders and offenders against children. The constitutional amendment requires the Legislature to determine which offenses and what registration information are subject to public access and the manner of public access. The Legislature also is required to determine when and how public access may be terminated.

The measure strikes a balance between protecting Hawaii residents and the privacy rights of individuals. For example, registration information concerning individuals convicted of only one misdemeanor sexual offense or crime against children is not subject to public access. Your Committee finds that this measure allows Hawaii to join the majority of other states that already provide public access via the Internet to certain information regarding convicted sex offenders or offenders against children, while allowing convicted individuals who are no longer dangerous to the public to seek termination of public access and registration requirements.

Your Committee expressed concern regarding keeping track of convicted sex offenders and discussed various methods to establish a tracking system. For example, some states have special units to verify the place of residence and work of a sex offender. Your Committee will continue to explore various methods to verify information about each convicted and registered sex offender.

This measure has been amended to:

(1) Eliminate provisions regarding any automatic termination of registration requirements and, instead, require a covered offender to file a petition in court to terminate registration after specified periods of time;

(2) Expand applicability of presumption that registration and public access apply to include covered offenders who are sexually violent predators, aggravated sex offenders, or recidivist sex offenders;

(3) Change the evidentiary standard in court proceedings seeking to terminate registration or public access from a preponderance of the evidence to require a finding of clear and convincing evidence;

(4) Eliminate provisions relating to automatic termination of public access requirements and instead permit covered offender to file action seeking such termination after specified periods of time;

(5) Reinstate current law's requirements to: initially register within three working days, instead of ten; and notify authorities of any change in registration information in writing within three working days, instead of thirty;

(6) Delete the distinction between public information available through the Internet and at on-site access locations;

(7) Change the effective date to July 1, 2050 for the purpose of furthering discussions; and

(8) Make technical nonsubstantive amendments for the purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 708, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 708, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair