STAND. COM. REP. NO. 3407

Honolulu, Hawaii

RE:    H.B. No. 3040

       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. 3040, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to strengthen Hawaii's laws against sexual predation of minors and the registration of offenders who commit these and other sexual offenses.

     This measure:

     (1)  Creates two criminal offenses of electronic enticement of a child in the third degree, a misdemeanor, and indecent electronic display to a child, a class C felony;

     (2)  Updates the repeat offender sentencing law to include the offense of failure to comply with covered offender registration requirements and the new offense of electronic display to a child;

     (3)  Provides greater protection to children by adding a mandatory sentencing provision to the offense of electronic enticement of a child in the first degree; and

     (4)  Clarifies the sex offender registry laws to increase the reporting information so that the whereabouts of sex offenders may be known at any given time.

     Your Committee received testimony in support of this measure from the State Attorney General; Honolulu Prosecuting Attorney; Honolulu Police Department; Hawaii County Police Department; Maui Prosecuting Attorney; Maui Police Department; The Children's Alliance of Hawaii, Inc.; and Hawaii Family Forum.  Testimony in opposition was received from the State Public Defender and American Civil Liberties Union of Hawai‘i.

     Your Committee finds that with the widespread use and acceptance of the Internet and computers as tools for social networking and the anonymity it appears to provide, children and teens are at a greater risk for victimization by persons who seek out minors for sexual purposes.  Perhaps there can be no class of individuals who are more vulnerable than our children.  Each day there are media reports of countless numbers of online predators utilizing the Internet to target and prey upon innocent and unsuspecting children.  Unfortunately, these predators abuse modern day technology to covertly invade what is considered to be the most secure of places, the home.  Sadly, there have been numerous real life cases that have ended in unimaginable tragedy.

     Your Committee is cognizant that one of the arguments of the State Public Defender is that studies have shown that the lowest cases of recidivism occur when the offender is subject to treatment and monitoring.  However, it is the responsibility of the Legislature to provide for policies that promote public safety.  In balancing the equities, your Committee prefers to err on the side of caution to protect children.

     Your Committee has amended this measure by:

     (1)  Deleting its contents and inserting provisions of S.B. No. 2962, S.D. 1, a companion measure, without inclusion of the amendments to the sex offender registry laws, inasmuch as the Adam Walsh Act Compliance Working Group (H.B. No. 2998, S.D. 1) will study that issue and report to the Legislature accordingly for the 2009 Regular Session;

     (2)  Changing the effective date from January 1, 2112 to July 1, 2050 to continue the discussions in this matter; and

     (3)  Making technical, nonsubstantive amendments.

     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. 3040, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3040, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair