Report Title:
Sex Offender Registry; Public Access; Appropriation
Description:
Amends the sex offender registry law by defining covered offenses and covered offenders subject to registration requirements; establishes procedure for terminating registration requirements; establishes standards for internet public access and on-site public access; makes appropriation.
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THE SENATE |
S.B. NO. |
1688 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 846E, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§846E-A Automatic termination of registration requirements. (a) The registration requirements for a covered offender whose most serious covered offense is a class A felony or its non-Hawaii equivalent, 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 necessary 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 its non-Hawaii equivalent, 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 its non-Hawaii equivalent, or a misdemeanor or its non-Hawaii equivalent, 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 the registration requirements terminate ten years after the date of sentencing or release, whichever is later.
§846E-B Presumptions; civil hearing. (a) For any civil hearing required or permitted by this chapter, the following presumptions shall apply:
(1) For covered offenders subject to sections 846E-3(d)(1) and 846E-3(d)(2) and who are convicted of violating section 707-730(1)(a), there shall be a presumption that the registration requirement and present form of public access imposed on that covered offender shall continue;
(2) For covered offenders subject to section 846E-3(d)(3) and who are convicted of violating section 707-730(1)(c), there shall be no presumption; and
(3) For all other covered offenders, there shall be a presumption that the covered offender's registration requirements and present form of public access will be reduced.
(b) The presumptions created in this section shall not apply to criminal proceedings initiated pursuant to section 846E-9.
§846E-C Tolling. The time periods provided for in this chapter shall be tolled during any period of time the covered offender is recommitted to prison or confined to a halfway, or an equivalent facility, pursuant to a parole or probation violation."
SECTION 2. Chapter 846E is amended by amending the title to read as follows:
"Chapter 846E
[Sex Offender] Registration of Sex Offenders and other covered offenders and [Notification] Public Access to Registration Information"
SECTION 3. Section 846E-1, Hawaii Revised Statutes, is amended by adding ten new definition to be appropriately inserted and to read as follows:
""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 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 the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor.
"Covered offender" means all persons who are "offenders against children," as defined in this section, and "sex offenders" as defined in this section.
"Covered offense" means any criminal offense that consists of:
(1) All "crimes against children" as defined in this section; and
(2) All "sexual offenses" as defined in this section.
"Crimes against children," excludes "sexual offenses" as defined in this section, and means any criminal offense 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) 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
(4) A criminal offense that is comparable to or which exceeds one of the offenses designated in paragraphs (1) to (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 paragraphs (1) to (3).
"Offender against children" means any person, who is not a "sex offender," as defined in this section, and is:
(1) Convicted of a "crime against children" as defined in this section; or
(2) Any person who is charged with a "crime against children" as defined in this section and is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.
"Parent" means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor.
"Release" means release from:
(1) Imprisonment;
(2) Imprisonment and placed on parole;
(3) Imprisonment and placed on furlough; or
(4) 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.
"Sexual offense" means a conviction of an offense occurring within the past ten years that is:
(1) 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)(f), 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;
(D) Production or distribution of child pornography as defined in sections 707-750 and 707-751; or
(E) Solicitation of a minor to practice prostitution.
(3) A criminal offense that is comparable to or which exceeds a sexual offense as defined in paragraphs (1) to (3) or any federal, military, or out-of-state conviction for any offense that under the laws of this State would be a sexual offense as defined in paragraphs (1) to (3); or
(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 paragraphs (1) to (4)."
SECTION 4. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "agency having jurisdiction" to read as follows:
""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."
SECTION 5. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "sex offender" to read as follows:
""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 into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704[.] and is released into the community."
SECTION 6. Section 846E-1, Hawaii Revised Statutes, is amended by deleting the definition of "criminal offense against a victim who is a minor".
[""Criminal offense against a victim who is a minor" means any criminal offense 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) 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
(9) Any state, federal, or military law similar to paragraphs (1) through (8)."]
SECTION 7. Section 846E-1, Hawaii Revised Statutes, is amended by deleting the definition of "sexually violent offense".
[""Sexually violent offense" means an act committed on, before, or after July 1, 1997, that is:
(1) An act defined in section 707-730(1)(a), 707-730(1)(b), 707-731(1)(a), 707-731(1)(b), 707-732(1)(a), 707-732(1)(e), and 707-733(1)(a);
(2) A criminal offense that is comparable to a sexually violent offense as defined in paragraph (1) or any federal or out-of-state conviction, for any offense that under the laws of this State would be a sexually violent offense as defined in paragraph (1); or
(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 paragraph (1) or (2)."]
SECTION 8. Section 846E-2, Hawaii Revised Statutes, is amended to read as follows:
"§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.], as provided in this section. A covered offender who:
(1) Has not been convicted of an aggravated sexual offense; and
(2) Is not a repeat covered offender
shall be eligible for a reduction in the duration of the time period that the registration requirements are applicable by petitioning the court for a civil proceeding as provided in section 846E-A. A covered offender may also have the covered offender's registration requirement automatically terminate.
(b) Each provision of this chapter applicable to sex offenders shall also be applicable 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 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] 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 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] 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 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 no later than [within] 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] covered offender [residence is located] resides for purposes of having a new photograph taken."
SECTION 9. Section 846E-3, Hawaii Revised Statutes, is amended to read as follows:
"§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 information that is necessary to protect the public] public information as provided 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[;], except as provided in 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 in 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 in 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 in 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.] Internet public access listing the actual address of a covered offender as provided in subsections (b)(2) to (b)(4), or to the covered offender's vehicle information pursuant to subsection (b)(7) shall only be permitted for covered offenders subject to subsections (d)(1) to (d)(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 if a covered offender files a petition with the court requesting removal of vehicle information or actual addresses from the internet and replacing that information with the covered offender's street name and zip code. The court may grant the covered offender's petition if the court determines 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 the requirements set forth in this chapter for five or more years from the date of sentencing or release, whichever is later;
(2) Is not a repeat offender;
(3) Has never had a probation or parole revocation under which the covered offender was sentenced to incarceration or was 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) [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.]
Public access to a covered offender's public information shall commence the next working day following the filing of a judgement of conviction for a covered offense. The public information shall note if the covered offender has filed a notice of appeal. The public information shall be removed upon reversal of the covered offender's conviction or the granting of a pardon to the covered offender. Public access shall continue until the expiration of the following time periods:
(1) The lifetime of a repeat covered offender with at least two separate convictions, one of which is a felony, for a crime where registration is required under this chapter;
(2) The lifetime of any covered offender who has been convicted of an aggravated sexual offense;
(3) Twenty years for covered offenders who are not subject to paragraphs (1) to (2) and whose most serious covered offense conviction is a class A felony or its non-Hawaii equivalent;
(4) Ten years after a covered offender's date of sentencing or release, whichever is later, for covered offenders who are not subject to paragraphs (1) to (3) and whose most serious covered offense conviction is a class B felony or its non-Hawaii equivalent; or
(5) Five years after a covered offender's date of sentencing or release, whichever is later, for covered offenders who are not subject to paragraphs (1) to (4); and:
(A) Whose most serious covered offense conviction is a class C felony or its non-Hawaii equivalent; or
(B) Has been convicted of a second or subsequent misdemeanor covered offense and all of the previous covered offenses are also 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 a period of time specified in this section, unless the attorney general gives notice of an objection to an automatic termination on the basis that the statutory criteria set forth in this section have not been satisfied. The attorney general shall provide written notice by personal service to the covered offender. The court shall hold a hearing to determine whether the statutory criteria set forth in this section have been satisfied 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 shall be authorized by the following methods:
(1) For each covered offender, subject to subsection (d)(1) to (4), public access shall be provided by both public internet access and on-site public access;
(2) For each covered offender subject to subsection (d)(5), public access to public information shall be provided by on-site public access only.
For purposes of this section, "on-site public access" means providing information to the public on the street name and zip code as well as specified vehicle information for all covered offenders for whom on-site access may be permitted at the Hawaii criminal justice data center or at one or more designated police stations in each county, as designated by the attorney general, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, excluding holidays;
(g) After public access by internet to a covered offender's public information has been allowed for:
(1) A period of fifteen or more years after release or sentencing, whichever is later, for covered offenders subject to subsection (d)(1) and (2);
(2) A period of ten or more years after release or sentencing, whichever is later, for covered offenses subject to subsection (d)(3); and
(3) A period of five or more years after release or sentencing, whichever is later, for covered offenders subject to subsection (d)(4),
a covered offender may file a civil action requesting a court order to end public access on the internet and allow for on-site public access. The court may order this limitation of public access if the covered offender can demonstrate by a preponderance of the evidence that:
(1) The covered offender has been continuously registered, has no new criminal convictions for covered offenses, and has substantially complied with the requirements of this chapter during the applicable time period;
(2) The covered offender has had no more than one probation or parole revocation during the preceding ten years or the applicable time period, whichever is less, has not had a probation or parole revocation within the preceding three years, and, excluding the conduct that lead to the probation or parole revocation and has substantially complied with all parole or probation requirements; and
(3) Public internet access of a covered offender's public information is not necessary for the safety of members of the public.
(h) If a covered offender has been convicted of only one covered offense, and that covered offense is a misdemeanor, that covered offender shall not subject to the public access requirements set forth in this section.
(i) The following message shall be posted at both the site of internet access and on-site public access locations: "Information regarding covered offenders is permitted pursuant to chapter 846E. Public access to this information is based solely on the fact of each offender's criminal conviction and is not based on an estimate of the offender's level of dangerousness. By allowing public access to this information, the State makes no representation as to whether the covered offenders listed are dangerous. Any person who uses the 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 shall apply to all covered offenders without regard to the date of conviction."
SECTION 10. Section 846E-4, Hawaii Revised Statutes, is amended to read as follows:
"§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] covered offender changes any of the [sex] covered 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;
(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] covered offender's residence is located for purposes of having a new photograph taken."
SECTION 11. Section 846E-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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 sections 846E-3(d)(1), 846E-3(d)(2), and 846E-3(d)(3) and annually for each covered offender subject to sections 846E-3(d)(4) and 846E-3(d)(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] 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."
SECTION 12. Section 846E-6, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Section 846E-7, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 14. Section 846E-9, Hawaii Revised Statutes, is amended as follows:
1. By amending the title to read:
"§846E-9 Failure to comply with [sex] offender registration requirements."
2. By amending subsection (a) to read:
"(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.]."
SECTION 15. 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, for carrying out the purposes of this Act, including the hiring of necessary staff by appropriate state and county agencies.
SECTION 16. The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 17. 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 18. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 20. This Act shall take effect on July 1, 2005.
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