SB1175 SD1

THE SENATE	S.B. NO.	1175
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COVERED OFFENDER REGISTRATION.

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

SECTION 1. The legislature places a high value on the protection of its citizens against sexual predators. The legislature finds that one way it has provided protection is by requiring sex offenders to register with the department of the attorney general and for registry information to be available to the public. The Hawai‘i Supreme Court, in its ruling in Doe v. Attorney General, 145 Hawaii, 469, 454 P. 3d 410 (2019) determined that the visitor demonstrated that his conviction under the Washington State laws for solicitation of a minor under fourteen years of age to engage in sexual conduct was not a covered offense under Hawai‘i law and was not required to register as a sex offender in Hawai‘i. Hawai‘i's sex offender registration laws currently allow out-of-state visitors who intend to visit in Hawai‘i for ten or more days and who have been or are required to be registered in their state as a sex offender involving minors, to avoid registration in Hawai‘i if the visitor can;

(1) Establish that their status as a sex offender and any registration requirement in their state has been removed in accordance with the law of their state or by the courts of their state, and that they do not meet the criteria for registration as a covered offender in Hawai‘i; or

(2) Demonstrate that the out-of-state conviction in their state is not for covered offenses under Hawai‘i law so that they do not meet the criteria for registration as a covered offender in Hawai‘i.

The legislature finds that allowing visitors to avoid registering as a sex offender in Hawai‘i by demonstrating that Hawai‘i‘s law is different from the law of the state that required the visitor to register as a sex offender involving minors is an unintended loophole in the registration law. The loophole allows a visitor who may still be subject to registration as a sex offender in the state that required the registration to avoid registration in Hawai‘i by demonstrating differences in Hawai‘i law and the law of the state that required the visitor to register as sex offender. The legislature believes that if a visitor to Hawai‘i is required to register as a sex offender in a state or in any other jurisdiction, the visitor must also be required to register in Hawai‘i to comply with the purpose and intent of the sex offender registration law of Hawai‘i and other states and jurisdictions.

The purpose of this Act is to require those persons who have been designated as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in another state, who is or would be required to be on a sex offender registry in that state, to be subject to registration requirements in the State of Hawai‘i.

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

"(b) A person who establishes or maintains a residence in this State and who has not been designated as a covered offender by a court of this State but who has been designated as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a covered offender, shall register in a manner provided in this section and shall be subject to community and public notification as provided in section 846E-3. A person who meets the criteria of this subsection is subject to the requirements and penalty provisions of section 846E-9 until such person successfully petitions the attorney general for termination of registration requirements by[:

~~(1)~~ ~~Providing~~] providing an order issued by the court that designated the person as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in the state or jurisdiction in which the order was issued, which states that such designation has been removed or demonstrates to the attorney general that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made and such person does not meet the criteria for registration as a covered offender under the laws of this State[~~; or~~

~~(2)~~ Demonstrating that the out-of-state convictions upon which the sexual offender designation was established are not covered offenses under section 846E-1, thereby showing that such person does not meet the criteria for registration as a covered offender under the laws of this State].

If the covered offender is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the covered offender may appeal the decision pursuant to chapter 91."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.