SB75

SECTION 1. The legislature finds that many convicted sex offenders who are required to register with the attorney general are able to live in our communities without public awareness. Sex offenders have navigated around the public Internet access requirement by plea bargaining down from a second degree sexual offense which requires public Internet access to their registration information to a lesser third degree offense that does not give public Internet access to their registration information.

The purpose of this Act is to protect our communities by authorizing public Internet access of all registered sexual offenders.

SECTION 2. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "sexual offense" to read as follows:

""Sexual offense" means an offense that is:

(1) Set forth in section 707-730(1)(a), 707-730(1)(b), 707-730(1)(c), 707-730(1)(d), 707-730(1)(e), 707‑731(1)(a), 707-731(1)(b), 707‑731(1)(c), 707‑732(1)(a), 707-732(1)(b), 707‑732(1)(c), 707‑732(1)(d), 707-732(1)(e), 707‑732(1)(f), 707‑733(1)(a), 707-733.6, or 712‑1202(1)(b), 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 under the age of eighteen;

(2) An act defined in section 707-720 if the charging document for the offense for which there has been a conviction alleged intent to subject the victim to a sexual offense;

(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;

(D) Production, distribution, or possession of child pornography chargeable as a felony under section 707-750, 707-751, or 707-752;

(E) Electronic enticement of a child chargeable as a felony under section 707-756 or 707-757, if the act involves:

(i) Sexual conduct;

(ii) Attempted sexual conduct; or

(iii) A proposal to engage in sexual conduct; or

(F) Solicitation of a minor to practice prostitution;

(4) A criminal offense that is comparable to or that exceeds a sexual offense as defined in paragraphs (1) through (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) through (3); or

(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 paragraphs (1) through (4)."

SECTION 3. Section 846E-3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

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

(1) Public access to the public information for each covered offender subject to subsection (c), paragraphs (1) through [~~(4)~~] (5) shall be provided by both public [~~internet~~] Internet access and on-site public access [or]; and

(2) [~~Public access to the public information for each covered offender subject to subsection (c), paragraph (5) shall be provided by on-site public access; provided that on-site~~] On-site public access shall be provided 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."

SECTION 4. If any provisions 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act, upon its approval, shall apply retroactively to May 9, 2005.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	75
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII