Report Title:
Violent Offenders; Registry
Description:
Expands sex offender registry to require registration of violent offenders. Permits violent offenders to petition for termination of registration requirement after 6 years.
|
THE SENATE |
S.B. NO. |
2337 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING to VIOLENT OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 846E-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Violent offender" means a person who is or has been convicted at any time of a "violent offense" as defined in this section.
"Violent offense" means any felony offense, as defined in title 37, that involves injury or threat of injury to the person of another."
SECTION 2. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definitions of "covered offender" and "covered offense" to read as follows:
""Covered offender" means a
"sex offender," [or] an "offender against
minors", or a violent offender, as defined in this section.
"Covered offense" means a criminal offense that is:
(1) A crime within the definition of "crimes
against minors" in this section; [or]
(2) A crime within the definition of "sexual
offense" in this section[.]; or
(3) A crime within the definition of "violent offense" in this section."
SECTION 3. Section 846E-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§846E-10[]]
Termination of registration requirements. (a) [A] Except as
provided in subsection (d), 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-five years, who is not a sexually violent predator, who is not an
aggravated sex offender, and who is not a repeat covered offender, may petition
the court, in a civil proceeding, for termination of registration requirements
on the ground that registration is no longer necessary for the protection of
the public.
(b) [A] Except as provided in
subsection (d), 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 sexually violent predator, who is not an aggravated sex
offender, and who is not a repeat covered offender, may petition the court, in
a civil proceeding, for termination of registration requirements on the ground
that registration is no longer necessary for the protection of the public.
(c) [A] Except as provided in
subsection (d), 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 sexually violent
predator, who is not an aggravated sex offender, and who is not a repeat
covered offender, may petition the court, in a civil proceeding, for
termination of registration requirements on the ground that registration is no
longer necessary for the protection of the public.
(d) A violent offender who has substantially complied with the registration requirements of this chapter and remained conviction-free for the previous six years may petition the court, in a civil proceeding, for termination of registration requirements on the ground that registration is no longer necessary for the protection of the public.
[(d)] (e) A denial by the court
for relief pursuant to a petition under this section shall preclude the filing
of another petition for five years from the date of the last denial."
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: |
_____________________________ |
|
|
|