SB2741 SD1

SECTION 1. The purpose of this Act is to:

(1) Specifically include section 707-733(1)(b), Hawaii Revised Statutes, as a tier 1 covered sexual offense when the offense is committed toward a minor; and

(2) Amend chapter 846E, Hawaii Revised Statutes, the covered offender registration law, to require defendants charged with a covered offense to register whether they were subsequently involuntarily committed; found unfit to proceed; had charges dismissed by reason of physical or mental disease, disorder, or defect; or were acquitted by reason of physical or mental disease, disorder, or defect.

SECTION 2. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definitions of "offender against minors", "release", "repeat covered offender", "sex offender", and "sexual offense" to read as follows:

""Offender against minors" means a person who is not a "sex offender", as defined in this section, and [~~is or~~] has been[:] charged, at any time, with a crime against minors, as defined in this section and:

(1) Convicted [~~at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or~~];

(2) [~~Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found~~] Found unfit to proceed [~~and is released into the community or who is~~], or acquitted or had charges dismissed due to a physical or mental disease, disorder, or defect pursuant to chapter 704 [~~and is released into the community.~~]; or

(3) Involuntarily hospitalized pursuant to section 706‑607.

"Release" means release from:

(1) Imprisonment;

(2) Imprisonment and placed on parole;

(3) Imprisonment and placed on furlough;

(4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704[;] or section 706-607 or 334-60.2; or

(5) A halfway house or other equivalent facility,

whichever is later.

"Repeat covered offender" means:

(1) A person who [~~is or~~] has been convicted at any time[, ~~whether before or after May 9, 2005,~~] of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or

(2) A person who is or has been charged at any time[~~, whether before or after May 9, 2005,~~] with more than one covered offense as defined in this section and who has been, more than once, either:

(A) Convicted;

(B) Found unfit to proceed pursuant to chapter 704; [or]

(C) Acquitted or charges were dismissed due to a physical or mental disease, disorder, or defect pursuant to chapter 704[.]; or

(D) Involuntarily hospitalized pursuant to section 706-607.

"Sex offender" means[:] a person who has been charged at any time with a sexual offense, as defined in this section, and:

(1) [~~A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or~~] Convicted;

(2) [~~A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and is or has been found~~] Found unfit to proceed [~~and is or has been released into the community or who is~~], or acquitted or had charges dismissed due to a physical or mental disease, disorder, or defect pursuant to chapter 704 [~~and is released into the community.~~]; or

(3) Involuntarily hospitalized pursuant to section 706‑607.

"Sexual offense" means an offense that is:

(1) Set forth in section 707-730(1), 707-731(1), 707‑732(1), 707-733(1)(a), 707-733.6, 712-1202(1), or 712-1203(1), 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, including but not limited to an offense set forth in section 707-759[;] and an offense set forth in section 707-733(1)(b) that is committed 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 under section 707-756 or 707-757 if the offense was committed with the intent to promote or facilitate the commission of another covered offense as defined in this section; or

(F) Solicitation of a minor for prostitution in violation of section 712-1209.1;

(4) A violation of privacy under section 711-1110.9;

(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);

(6) A criminal offense that is comparable to or that exceeds a sexual offense as defined in paragraphs (1) through (5); or

(7) Any federal, military, out-of-state, tribal, or foreign conviction for any offense that under the laws of this State would be a sexual offense as defined in paragraphs (1) through (6)."

SECTION 3. Section 846E-2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (d) and (e) to read:

"(d) Registration information for each covered offender shall include a signed statement by the covered offender containing:

(1) The name, all prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known and other identifying information, including date of birth and any alias date of birth, social security number and any alias social security number, sex, race, height, weight, and hair and eye color;

(2) The actual address and telephone number of the covered offender's permanent residence or the address of the covered offender's current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and for each address or place where the covered offender resides, how long the covered offender has resided there;

(3) The actual address or description of the place or area, the actual length of time of the stay, and telephone number where the covered offender is staying for a period of more than ten days, if other than the stated residence;

(4) If known, the future address and telephone number of the place where the covered offender is planning to reside, if other than the stated residence;

(5) Any electronic mail address, any instant message name, any internet designation or moniker, and any internet address used for routing or self-identification;

(6) Any cell phone number and other designations used for routing or self-identification in telephonic communications;

(7) Names and, if known, actual business addresses of current and known future employers, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration, and the starting and ending dates of any such employment;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works, such as information about normal travel routes or the general area or areas in which the covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(11) The year, make, model, color, and license or registration or other identifying number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender and the address or description of the place or places where the covered offender's vehicle or vehicles are habitually parked, docked, or otherwise kept;

(12) Passports and information about the passports, if the covered offender has passports, and documents establishing immigration status and information about these documents, if the covered offender is an alien;

(13) A statement listing all covered offenses for which the covered offender [~~has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;~~] is required to register;

(14) A statement indicating whether the covered offender has received or is currently receiving treatment ordered by a court of competent jurisdiction or by the Hawaii paroling authority;

(15) A statement indicating whether the covered offender is a United States citizen; and

(16) Any additional identifying information about the covered offender.

(e) The following information shall also be included in the registry for each covered offender:

(1) A current photograph of the covered offender;

(2) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

(3) Confirmation that the covered offender has provided digitized fingerprints and palm prints of the covered offender;

(4) Judgment of conviction, judgment of acquittal, [or] judicial determination of unfitness to proceed, order of dismissal, or order for involuntary hospitalization documenting the criminal offense or offenses for which the covered offender is registered;

(5) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered;

(6) The criminal history of the covered offender, or an electronic link to the criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the covered offender;

(7) Confirmation that the covered offender has provided a DNA buccal swab sample as required by chapter 844D;

(8) Digitized copies of a valid driver's license or identification card issued to the covered offender, or an electronic link to such records; and

(9) Digitized copies of passports and documents establishing immigration status, or an electronic link to such records."

2. By amending subsections (g) and (h) to read:

"(g) In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present. Registration under this subsection is for the purpose of providing the covered offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after the earliest of:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment[;] or involuntary hospitalization;

(4) Release on furlough;

(5) Conviction for a covered offense, unless incarcerated;

(6) Release on probation;

(7) Placement on parole; or

(8) Arrival in a county in which the covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (a), each covered offender shall report in person [~~every five years until June 30, 2009, and beginning on July 1, 2009,~~] every year, within the thirty-day period following the offender's date of birth, to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and such other department or agency designated by the attorney general to take a current photograph of the offender.

(h) The registration provisions of this section shall apply to all covered offenders without regard to:

(1) The date of the covered offender's conviction;

(2) The date of finding, pursuant to chapter 704, of the covered offender's unfitness to proceed; or

(3) The date of the covered offender's acquittal or dismissal due to a physical or mental disease, disorder, or defect, pursuant to chapter 704[.]; or

(4) The date of the covered offender's order for involuntary hospitalization pursuant to section 706-607."

SECTION 4. Section 846E-3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) For purposes of this section, "public information" means:

(1) Name, prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known;

(2) The year of the covered offender's date of birth and the year of the covered offender's alias dates of birth;

(3) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

(4) The actual address where the covered offender resides or any current, temporary address where the covered offender resides or, if an address is not available, a description of any place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and, for each address or place where the covered offender resides, how long the covered offender has resided there;

(5) The actual address or description of the place or area where the covered offender is staying for more than ten days, if other than the stated residence, and the actual length of time of the stay;

(6) The future actual address, if known, where the covered offender is planning to reside, if other than the stated residence;

(7) The street name and zip code of the covered offender's current locations of employment, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(11) The year, make, model, color, and license number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender, excluding vehicles operated exclusively for purposes of work;

(12) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(13) Judgment of conviction, judgment of acquittal, [or] judicial determination of unfitness to proceed, order of dismissal, or order for involuntary hospitalization documenting the criminal offense or offenses for which the covered offender is registered;

(14) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered; and

(15) A recent photograph of the covered offender.

The identity of any victim of a sexual offense shall not be disclosed and any documentation containing such information shall be redacted to prevent disclosure."

2. By amending subsection (e) to read:

"(e) Public access to a covered offender's public information shall be permitted with regard to each covered offender beginning the next working day following the filing of a judgment of conviction, a finding of unfitness to proceed, or a dismissal or an acquittal due to a physical or mental disease, disorder, or defect, for a covered offense, or as soon thereafter as is practical. When a notice of appeal has been filed, the public information shall note that the covered offender has filed a notice of appeal. The public information shall be removed upon the reversal of the covered offender's conviction or the granting of a pardon to the covered offender."

3. By amending subsection (k) to read:

"(k) "Conviction" as used in this section means:

(1) A judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor;

(2) A finding of unfitness to proceed resulting in the release of the covered offender into the community, excluding such a finding as to a minor; [or]

(3) An acquittal or dismissal due to a physical or mental disease, disorder, or defect pursuant to chapter 704 resulting in the release of the covered offender into the community, excluding such acquittal as to a minor[.]; or

(4) An order of involuntary hospitalization pursuant to section 706-607."

SECTION 5. 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, dismissal, or finding of unfitness to proceed pursuant to chapter 704, or involuntary hospitalization pursuant to section 706-607 for a covered offense, and each judge, or that judge's designee, who continues bail for or releases a covered offender following sentencing and the entry of a judgment of conviction, 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:

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

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

(3) 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) 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) 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) Require the covered offender to sign a statement indicating that the duty to register has been explained to the covered offender; and

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

SECTION 6. Section 846E-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The periodic verification provisions of this section shall not apply to covered offenders who are incarcerated, or committed, or involuntarily hospitalized, or have registered with a designated law enforcement agency after establishing residence in another state."

SECTION 7. Section 846E-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Tier 1 offenses. A covered offender who has maintained a clean record for the previous ten years, excluding any time the offender was in custody or civilly committed, and who has substantially complied with the registration requirements of this chapter for the previous ten years, or for the portion of that ten years that this chapter has been applicable, and who is not a repeat covered offender may petition the court, in a civil proceeding, for termination of registration requirements; provided that the covered offender's most serious covered offense is one of the following:

(1) Any offense set forth in section 707-732(1)(d) or (e), 707-733(1)(a), 707-752, 707-759, 711-1110.9, 712‑1203(1), or 712-1209.1;

(2) An offense set forth in section 707-721 or 707-722; provided that the offense involves unlawful imprisonment of a minor by someone other than a parent;

(3) An offense set forth in section 707-757 that includes an intent to promote or facilitate the commission of another covered offense as defined in section 846E-1;

(4) An offense set forth in section 707-733(1)(b) that is committed toward a minor;

[~~(4)~~] (5) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1), (2), [or] (3)[;], or (4);

[~~(5)~~] (6) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), (3), [or] (4)[;], or (5);

[~~(6)~~] (7) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), (3), [or] (4)[;], or (5); or

[~~(7)~~] (8) Any other covered offense that is not specified in subsection (a) or (c) or [~~paragraph~~] paragraphs (1)[~~, (2), (3), (4), (5), or (6).~~] to (7)."

SECTION 8. Section 846E-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]§846E-12[]] Tolling. The time periods provided for in this chapter shall be tolled during any period of time the covered offender is committed or recommitted to prison or confined to a halfway house, or an equivalent facility, pursuant to a parole or probation violation[.] or committed or involuntarily hospitalized to a psychiatric facility."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2741
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII