STAND. COM. REP. NO. 3085

Honolulu, Hawaii

RE:    H.B. No. 2998

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2998, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SEX OFFENDER REGISTRATION,"

begs leave to report as follows:

     The purpose of this measure is to establish the Adam Walsh Act Compliance Working Group, in conformance with the mandates of the federal Adam Walsh Child Protection and Public Safety Act of 2006 (Public Law No. 248-109, the "Adam Walsh Act").

     Your Committee received testimony in support of this measure from the Department of Public Safety and State Public Defender.  Comments were received from the State Attorney General and American Civil Liberties Union of Hawai‘i.  Testimony in opposition was received from the Honolulu Police Department.

     The Adam Walsh Act requires the fifty states, the District of Columbia, the five principal United States territories, and federally recognized Indian tribes that function as sex offender registration jurisdictions to conform their laws to guidelines for sex offender registration adopted by the Department of Justice by July 29, 2009.  Failing substantial compliance with the guidelines, a jurisdiction faces the loss of ten per cent of any federal funds it may receive pursuant to the Edward Byrne Memorial Justice Assistance Grant program.

     The Adam Walsh Act Compliance Working Group will report to the 2009 Legislature on draft legislation, among other things, to bring the State into compliance with the Adam Walsh Act and implementation guidelines.

     Your Committee has amended this measure by:

     (1)  Adding a representative of the American Civil Liberties Union and the Hawaii Criminal Defense Attorneys Association to the membership of the Adam Walsh Compliance Working Group; and

     (2)  Requiring the Working Group to review the provisions of H.B. No. 3040 and H.B. No. 3040, H.D.1, as it relates to the sex offender registry laws.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2998, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2998, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair