Report Title:

Registered Sex Offender; Restriction Zone

Description:

Prohibits registered sex offenders from entering upon and loitering within restriction zones around schools and child care facilities.  Imposes penalties.

THE SENATE	S.B. NO.	227
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO public safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708-   Restriction zone; covered offenders. (a)  It shall be unlawful for any covered offender to knowingly enter upon and loiter in a restriction zone.

(b) A covered offender convicted for violation of this section shall be sentenced to pay a fine of not more than $500 for the first offense.  For each subsequent offense, the covered offender shall be ordered to wear an electronic monitoring device designed to transmit and record the person's location data.  The electronic monitoring device and its tracking shall be administered by the court.

(c)  For purposes of this section:

"Child care facility" means any facility involved in the care, development, or supervision of children.

"Restriction zone" means an area five hundred feet or less from any:

(1) Public or private school property; or

(2) Child care facility.

(d)  For purposes of this section, public or private school property and a child care facility shall include:

(1) The building in which the school or facility is located;

(2) Any parking lot adjacent to the building and routinely used for parking at that building;

(3) The routes of access between the building and any parking lot; and

(4) Any route of access between any public thoroughfare (right of way) and the school or facility to ensure an open and accessible ingress and egress."

     SECTION 2.  Section 846E-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a covered offender has been committed pursuant to a conviction, or an acquittal or finding of unfitness to proceed pursuant to chapter 704, for a covered offense, and each judge, or that judge's designee, who continues bail for or releases a covered offender following a guilty verdict or a plea of guilty or nolo contendere, who releases a covered offender on probation or who discharges a covered offender upon payment of a fine, and each agency having jurisdiction, [shall,] prior to the discharge, parole, or release of the covered offender[:], shall:

     (1)  Explain to the covered offender the duty to register and the consequences of failing to register under this chapter;

(2) Explain to the covered offender the prohibition on and consequences of entering upon and loitering in restriction zones established in section 708-  ;

    [(2)] (3)  Obtain from the covered offender all of the registration information required by this chapter;

    [(3)] (4)  Inform the covered offender that if at any time the covered offender changes any of the covered offender's registration information, the covered offender shall notify the attorney general of the new registration information in writing within three working days;

    [(4)] (5)  Inform the covered offender that, if at any time the covered offender changes residence to another state, the 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)] (6)  Obtain and verify fingerprints and a photograph of the covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

    [(6)] (7)  Require the covered offender to sign a statement indicating that the duty to register has been explained to the covered offender; and

    [(7)] (8)  Give one copy of the signed statement and one copy of the registration information to the covered offender."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     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:

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