Bill Text: HI SB1042 | 2021 | Regular Session | Amended
Bill Title: Relating To Covered Offender Registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-10 - Act 040, 06/07/2021 (Gov. Msg. No. 1140). [SB1042 Detail]
Download: Hawaii-2021-SB1042-Amended.html
THE SENATE |
S.B. NO. |
1042 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO COVERED OFFENDER REGISTRATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii supreme
court, in its ruling in Doe v. Connors, 145 Haw. 469, 454 P. 3d 410 (2019), held that Doe, who was required to register as a sex offender in
the State of Washington, was not
required to register as a covered sex
offender under Hawaii law. Doe had been
convicted in Washington for communication
with a minor for an immoral purpose. The Hawaii supreme court held that the offense did
not match any of Hawaii's covered offenses, including solicitation to
engage in sexual conduct with a minor who is less than fourteen years old.
As a result of the Doe decision, a person who visits Hawaii for more than ten days or visits
Hawaii for an aggregate period exceeding thirty days per year does not need
to register as a covered offender in Hawaii if the person's out-of-state
conviction does not correspond to a covered offense under Hawaii law.
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 or jurisdiction, and were, as a result, subject to
registration in that state or jurisdiction, or would be if residing in that state
or jurisdiction, to be subject to registration requirements in Hawaii.
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 or who remains in this State for more than
ten days or for an aggregate period exceeding thirty days in one calendar year, 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] the 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 the 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 of this chapter for covered
offenders and penalty provisions of section 846E-9 until the person
successfully petitions [the attorney general for termination of registration
requirements by]:
(1) [Providing] The attorney general for termination of
registration requirements by 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] the designation has been removed or
demonstrates to the attorney general that [such] the 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]
the person does not meet the criteria for registration as a covered
offender under the laws of this State[; or]; provided that if the person is not satisfied with the
decision of the attorney general on the request for termination of registration requirements, the
person may appeal the decision pursuant to chapter 91; 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.] The
court
for termination of registration requirements pursuant to section 846E-10.
[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. Section
846E-10, Hawaii Revised Statutes, is amended to read as follows:
"§846E-10 Termination of registration requirements.
(a) Tier 3 offenses. A covered offender whose covered offense is
any of the following offenses shall register for life and, except as provided
in subsection (e), may not petition the court, in a civil proceeding, for
termination of registration requirements:
(1) Any offense set
forth in section 707-730(1)(a), (b), (d), or (e)[,];
707-731(1)(a) or (b)[,]; 707‑732(1)(a), (b), or (f)[,];
or 707-733.6;
(2) An offense set forth in section 707-720; provided that the
offense involves kidnapping of a minor by someone other than a parent;
(3) An offense that is an attempt, criminal solicitation, or
criminal conspiracy to commit any of the offenses in paragraph (1) or (2);
(4) Any criminal offense that is comparable to one of the
offenses in paragraph (1), (2), or (3); or
(5) Any federal, military, out-of-state, tribal, or foreign
offense that is comparable to one of the offenses in paragraph (1), (2), or
(3).
(b) A repeat covered offender shall register for life and, except as provided in subsection (e), may not petition the court, in a civil proceeding, for termination of registration requirements.
(c) Tier 2 offenses. A covered offender who has maintained a clean
record for the previous twenty-five 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 twenty-five years,
or for the portion of that twenty-five 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 707-730(1)(c), 707‑731(1)(c), 707-732(1)(c), 707-750, 707-751,
712‑1202, or 712-1203(1)(b), as section 712-1203(1)(b) read [prior to]
before its amendment pursuant to section 9 of Act 147, Session Laws of
Hawaii 2008;
(2) An offense set forth in section 707-720; provided that 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 offense set forth in section 707-756 that includes an
intent to promote or facilitate the commission of another felony covered
offense as defined in section 846E-1;
(4) An offense that is an attempt, criminal solicitation, or
criminal conspiracy to commit any of the offenses in paragraph (1), (2), or
(3);
(5) Any criminal offense that is comparable to one of the
offenses in paragraph (1), (2), (3), or (4); or
(6) 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).
(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 that is an attempt, criminal solicitation, or
criminal conspiracy to commit any of the offenses in paragraph (1), (2), or
(3);
(5) Any criminal offense that is comparable to one of the
offenses in paragraph (1), (2), (3), or (4);
(6) 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
(7) Any other covered offense that is not specified in subsection
(a) or (c) or paragraph (1), (2), (3), (4), (5), or (6).
(e) Notwithstanding any other provisions in this section, any covered offender, forty years after the covered offender's date of release or sentencing, whichever is later, for the covered offender's most recent covered offense, may petition the court, in a civil proceeding, for termination of registration requirements.
(f) In the civil proceeding for termination of
registration requirements, the State shall be represented by the attorney
general; provided that the attorney general, with the prosecuting agency's
consent, may designate the prosecuting agency that prosecuted the covered
offender for the most recent covered offense within the State to represent the
State. For covered offenders who have
never been convicted of a covered offense within the State [of Hawaii],
the attorney general shall represent the State; provided that the attorney
general, with the prosecuting agency's consent, may designate the prosecuting
agency for the county in which the covered offender resides to represent the
State. The court may order this termination
upon substantial evidence and more than proof by a preponderance of the
evidence that:
(1) The covered offender has met the statutory requirements of eligibility to petition for termination;
(2) The covered offender has substantially complied with registration
requirements;
(3) The covered offender is very unlikely to commit a covered
offense ever again; and
(4) Registration
by the covered offender will not assist in protecting the safety of the public
or any member thereof.
[(g) A denial by the court for relief pursuant to a
petition under this section shall preclude the filing of another petition for
five years from the date of the last denial.]
(g) A person who does not meet the criteria for registration as a covered offender under the laws of this State, but is subject to registration pursuant to section 846E-2(b), may petition the court, in a civil proceeding, for termination of registration requirements; provided that the person has maintained a clean record for the previous ten years, excluding any time the person was in custody or civilly committed; has substantially complied with the registration requirements of this chapter for the previous ten years; and was not designated a repeat covered offender in any state or jurisdiction. The attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the person resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:
(1) The person has
met the statutory requirements of eligibility to petition for termination;
(2) The person has
substantially complied with registration requirements;
(3) The person is
very unlikely to commit a covered offense; and
(4) Registration by
the person will not assist in protecting the safety of the public or any member
thereof.
(h) A denial by the court for relief pursuant to a petition under this section shall preclude the filing of another petition for five years from the date of the most recent denial."
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.
Report Title:
Covered Offender Registration; Out-of-State Covered Offender Designations
Description:
Repeals provision that allows persons designated as covered offenders in another state or jurisdiction to petition the attorney general for termination of registration requirements upon demonstrating that the out of state convictions are not covered offenses in the State of Hawaii. Requires certain long term visitors to Hawaii with out-of-state convictions to register. Clarifies how persons required to register can petition to terminate registration. (CD1)
The summary description
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not legislation or evidence of legislative intent.