Report Title:

Sex Offender Registration

Description:

Revises sex offender registration requirements and provisions relating to public access to registration information.

HOUSE OF REPRESENTATIVES

H.B. NO.

1768

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to offender registration.

 

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 in which the perpetrator was convicted of:

(1) Subjecting the victim to an act of sexual penetration by strong compulsion;

(2) Committing more than one sexual offense with a victim who was under the age of twelve; or

(3) Committing an act of sexual penetration with a victim 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" as defined in this chapter; and

(2) All "sex offenders" as defined in this chapter.

"Covered offense" means:

(1) All "crimes against children" as defined in this chapter; and

(2) All "sexual offenses" as defined in this chapter.

["Criminal offense against a victim who is a minor"] "Crime against children" means any criminal offense that is not a "sexual offense" and that 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 (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 that 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).

"Offender against children" means:

(1) Any person who is not a sex offender and is 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 to the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and released to the community.

"Parent" means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor, for purposes of this chapter.

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

"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.

"Repeat covered offender" means a covered offender who has been convicted of more than one covered offense as defined in this chapter.

"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 released to the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704[.] and released to the community.

["Sexually violent offense"] "Sexual offense" means [an act committed on, before, or after July 1, 1997,] a conviction of an offense committed on or after July 1, 1995, that is:

(1) [An act defined in section] Set forth in sections 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,)](f), [and] 707-733(1)(a)[;], or 712-1202(b);

(2) 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) Production or distribution of child pornography as defined in sections 707-750 and 707-751;

(E) Solicitation of a minor to practice prostitution;

[(2)] (3) A criminal offense that is comparable to or that exceeds a [sexually violent] sexual offense as defined in [paragraph] paragraphs (1) or (2) 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)[;] or (2); or

[(3)] (4) 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 (1) [or], (2)[.], or (3).

§846E-2 Registration requirements. (a) A [sex] covered offender shall register with the attorney general and comply with [the provisions of] this chapter [for life.] A covered offender who has not been convicted of an aggravated sexual offense and who is not a repeat covered offender is eligible to have the duration of this registration requirement reduced, by petitioning in a civil proceeding pursuant to the provisions of section 846E-10, or may be eligible to have the registration requirement automatically terminate.

(b) Each provision of this chapter applicable to sex offenders also applies to offenders against children unless offenders against children are specifically excluded. Separate 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] All aliases and names 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 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 future address and telephone number where the [sex] covered offender is planning to reside, if other than the stated residence;

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

(6) Names and [legal addresses] actual address of current and known future educational institutions with which the sex 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 offenses against victims who were minors and sexually violent offenses for which the sex offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(9)] (8) A statement indicating whether the [sex] covered offender has received or is currently receiving treatment [for mental abnormality or personality disorder;] ordered by a court of competent jurisdiction or by the Hawaii paroling authority;

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

[(11)] (10) 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] no later than three working days [upon:] after:

(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-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] Pursuant to the provisions of this section, the attorney general and any county police department shall release [relevant information that is necessary to protect the public] the public information 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.

No public access shall be provided to any of the registration information for a covered offender who has been convicted of only one covered offense if that one covered offense is a misdemeanor.

(b) For purposes of this section, ["relevant information that is necessary to protect the] "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[;], except as provided by subsection (c);

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

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

(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[;], except as provided by subsection (c) and excluding vehicles operated exclusively for purposes of work;

(8) A [brief summary of the] statement listing all covered 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.

[(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.]

(c) Internet public access to actual addresses pursuant to subsections (b)(2), (3), and (4) or to the covered offender's vehicle information pursuant to subsection (b)(7) shall only be permitted as to covered offenders subject to subsection (d)(1) through (4). Public access by means of internet public access for covered offenders subject to subsection (d)(5) shall include the street name and zip code of each covered offender's actual address. Internet public access to a covered offender's actual address and vehicle information may be limited by court order pursuant to a covered offender's petition to a court to remove the vehicle information or the actual addresses from the internet accessible information and to replace that information with the covered offender's street name and zip code, if the court finds by a preponderance of the evidence that the covered offender:

(1) Has been continuously registered, has had no new convictions for covered offenses, and has complied with this chapter for five or more years from date of sentencing or release, whichever is later;

(2) Is not a repeat covered offender;

(3) Has never had a probation or parole revocation for which the covered offender was sentenced to incarceration or has not been reincarcerated during the five-year period prior to the date the petitioner's petition was filed; and

(4) Has never been convicted of an aggravated sexual offense.

(d) Public access to a covered offender's public information shall be permitted beginning the next working day following the filing of a judgment of conviction for a covered offense. Public information shall note whether the covered offender has filed a notice of appeal and the public information shall be removed upon reversal of the conviction or the granting of a pardon. Public access shall continue until the expiration of one of the following periods:

(1) The lifetime 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) The lifetime of any covered offender who has been convicted of an aggravated sexual offense;

(3) Twenty years for any covered offender who is not subject to paragraphs (1) or (2) and whose most serious covered offense conviction is a class A felony or a comparable federal, military, or out-of-state conviction;

(4) Ten years after a covered offender's date of sentencing or release, whichever is later, for a covered offender who is not subject to paragraphs (1), (2), or (3) and whose most serious covered offense conviction is a class B felony or a comparable federal, military, or out-of-state conviction; or

(5) Five years after a covered offender's date of sentencing or release, whichever is later, for a covered offender who is not subject to paragraphs (1), (2), (3), or (4) and:

(A) Whose most serious covered offense conviction is a class C felony or a comparable federal, military, or out-of-state conviction; or

(B) Has been convicted of a second or subsequent misdemeanor covered offense and all of the previous convictions for covered offenses are also for misdemeanors.

(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).] Public access to registration information shall terminate after the expiration of the period of time specified in subsection (d) unless the attorney general gives prior notice of an objection to automatic termination on the basis that the statutory criteria have not been met. If the attorney general provides written notice by personal service upon the covered offender, the court shall hold a hearing to determine whether such statutory criteria have been met by a preponderance of the evidence.

(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.] 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 (d)(1), (2), (3), and (4) 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 (d)(5), shall be provided only 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;

(4) On-site public access shall include the street name and zip code and the specified vehicle information for all covered offenders for whom on-site access is provided.

(g) A covered offender may file a civil action seeking a court order to end public access via internet and to allow continued public access only by means of on-site access. After public access by internet to a covered offender's public information has been allowed for a period of years after release or sentencing, whichever is later, as follows:

(1) Not less than fifteen years for covered offenders subject to subsection (d)(1) or (2);

(2) Not less than ten or more years for covered offenders subject to subsection (d)(3); and

(3) Not less than five or more years for covered offenders subject to subsection (d)(4).

(h) The court may order the limitation of public access upon proof, by a preponderance of evidence, that:

(1) The covered offender has been continuously registered, has had no new convictions for covered offenses, and has substantially complied with this chapter during the applicable period;

(2) The covered offender has had no more than one probation or parole revocation during the preceding ten years or the applicable period, whichever is less, and has had no such revocation during the preceding three years, and other than the conduct that led to the revocation, has substantially complied with all parole or probation requirements; and

(3) Public access to the covered offender's public information via the internet is not necessary for the safety of the public.

(i) 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 information 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."

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

§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 offense or a criminal offense against a victim who is a minor,] covered offense, 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] covered 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 offender changes any of the sex offender's registration information, the [sex] covered offender shall notify the attorney general of the new registration information in writing within [three] ten 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 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.

(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 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 for each covered offender subject to section 846E-3(d)(1), (2), or (3) and annually for each covered offender subject to section 846E-3(d)(4) or (5) 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 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.

[This section shall become effective on July 1, 1998.]

§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] ten 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 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 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] thirty 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 Automatic termination of registration requirements. (a) The registration requirements of a covered offender whose most serious covered offense is a class A felony or a comparable federal, military, or out-of-state conviction, who has substantially complied with the registration requirements of this chapter for the previous twenty years, and who is not a repeat offender may petition a civil court for termination of registration on the ground that registration is no longer reasonably indicated for the protection of the public.

(b) The registration requirements of a covered offender whose most serious covered offense is a class B felony or a comparable federal, military, or out-of-state conviction, who has substantially complied with the registration requirements of this chapter for the previous fifteen years, who is not a repeat covered offender, and who has not been convicted of an aggravated sexual offense shall have registration requirements terminate fifteen years after the date of sentencing or release, whichever is later;

(c) The registration requirements of a covered offender whose most serious covered offense is a class C felony or a comparable federal, military, or out-of-state conviction, or a misdemeanor or a comparable federal, military, or out-of-state conviction, who has substantially complied with the registration requirements of this chapter for the previous ten years, who is not a repeat covered offender, and who has not been convicted of an aggravated sexual offense shall have registration requirements terminate ten years after the date of sentencing or release, whichever is later;

§846E-11 Presumptions for civil hearings. (a) For any civil hearing required or permitted by this chapter, the following presumptions shall apply:

(1) For a covered offender subject to section 846E-3(d)(1) or (2) and convicted of violating section 707-730(1)(a), there shall be a presumption that the covered offender's registration requirements and the covered offender's present form of public access will continue;

(2) For covered offenders subject to section 846E-3(d)(3) and convicted of violating 707-730(1)(c), there shall be no presumptions; and

(3) For all other covered offenders, there shall be a presumption that the covered offender's registration requirements and the covered offender's present form of public access will be reduced.

(b) This section shall not apply to criminal hearings related to criminal charges filed pursuant to section 846E-9.

§846E- 12 Tolling of time periods. All time periods referenced in this chapter shall be tolled during any period in which the covered offender is recommitted to imprisonment or confined to a halfway house or an equivalent facility pursuant to a parole violation or a probation violation."

SECTION 2. 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, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to carry out the purposes of this Act, including the hiring of necessary staff.

The sums appropriated shall be expended by he department of the attorney general for the purpose of this Act.

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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, provided that section 2 shall take effect on July 1, 2005.

INTRODUCED BY:

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