Bill Text: HI SB1175 | 2020 | Regular Session | Introduced
Bill Title: Relating To Covered Offender Registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:05PM in conference room 325. [SB1175 Detail]
Download: Hawaii-2020-SB1175-Introduced.html
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THE SENATE |
S.B. NO. |
1175 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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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 purposes of this Act are to:
(1) 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
hospitalized; 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;
(2) Clarify that persons required to register
pursuant to section 846E-2(b), Hawaii Revised Statutes, are covered offenders;
and
(3) Clarify that criminal justice agencies that
are responsible for administering the covered offender registration program are
authorized to access confidential registration information necessary to
facilitate the required registration and verification provisions of chapter
846E.
SECTION
2. Section 846E-1, Hawaii Revised
Statutes, is amended by amending the definitions of "offender against
minors", "release", "repeat covered offender", and
"sex offender" 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:
(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 unfit to proceed [and
is released into the community or who is], acquitted, or had the
charge dismissed due to a physical or mental disease, disorder, or defect
pursuant to chapter 704 [and is released into the community.] or a
comparable federal, military, out-of-state, tribal, or foreign law; or
(3) Charged
at any time, whether before or after May 9, 2005, with a "crime against
minors" and who is involuntarily hospitalized and granted a dismissal of
prosecution pursuant to section 706-607 or a comparable federal, military,
out-of-state, tribal, or foreign law.
"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[;], section 334-60.2 or 706-607; 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:] subject to more than one of the
following dispositions:
(A) Convicted[;]
of a covered offense;
(B) Found
unfit to proceed, acquitted, or granted a dismissal of charges due to a
physical or mental disease, disorder, or defect pursuant to chapter 704[;]
or a comparable federal, military, out-of-state, tribal, or foreign law; or
(C) [Acquitted
due to a physical or mental disease, disorder, or defect pursuant to chapter
704.] Involuntarily hospitalized and granted a dismissal of prosecution
pursuant to section 706-607 or a comparable federal, military, out-of-state,
tribal, or foreign law.
"Sex offender" means:
(1) A
person who [is or] has been convicted at any time, whether before or
after May 9, 2005, of a "sexual offense"; or
(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 unfit
to proceed [and is or has been released into the community or who is],
acquitted, or had the charge dismissed due to a physical or mental
disease, disorder, or defect pursuant to chapter 704 [and is released into the
community.] or a comparable federal, military, out-of-state, tribal, or
foreign law; or
(3) A
person who has been charged, at any time, whether before or after May 9, 2005,
with a "sexual offense" and has been involuntarily hospitalized and
granted a dismissal of prosecution pursuant to section 706-607 or a comparable
federal, military, out-of-state, tribal, or foreign law."
SECTION 3.
Section 846E-2, Hawaii Revised Statutes is amended as follows:
(1)
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 of this chapter for sex offenders
and penalty provisions of section 846E-9 until such person successfully
petitions the attorney general for termination of registration requirements by:
(1) 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."
(2)
By amending subsections (d) and (e) to read as follows:
"(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, or order of dismissal 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."
(3)
By amending subsections (g) and (h) to read as follows:
"(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[,] or a comparable federal,
military, out-of-state, tribal, or foreign law, 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 a comparable federal, military,
out-of-state, tribal, or foreign law; or
(4) The
date of the covered offender's involuntary hospitalization and order of
dismissal pursuant to section 706-607 or a comparable federal, military,
out-of-state, tribal, or foreign law."
SECTION 4.
Section 846E-3, Hawaii Revised Statutes, is amended as follows:
(1)
By amending subsections (a) and (b) to read as follows:
"(a)
Registration information shall be disclosed as follows:
(1) The
information shall be disclosed to [law enforcement agencies for law
enforcement] criminal justice agencies, as defined in section 846-1, for
administration of criminal justice and covered offender registration
purposes;
(2) The
information shall be disclosed to government agencies conducting confidential
background checks; and
(3) The
attorney general and any county police department shall release public
information as provided in subsection (b) concerning a specific person required
to register under this chapter; provided that the identity of a victim of an
offense that requires registration under this chapter shall not be released.
(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, or order of dismissal 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 as follows:
"(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 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 reversal of the covered
offender's conviction or granting of a pardon to the covered offender."
(3)
By amending subsection (k) to read as follows:
"(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 a covered
offender into the community], excluding such 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,] or
a comparable federal, military, out-of-state, tribal, or foreign law,
excluding such acquittal or dismissal as to a minor[.]; or
(4) An
order of involuntary hospitalization and dismissal of charges pursuant to
section 706-607 or a comparable federal, military, out-of-state, tribal, or
foreign law."
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
involuntarily 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-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 8.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9.
This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Covered Offender Registration
Description:
Requires registration of defendants who have had covered offenses dismissed due to mental or physical disease, disorder, or defect or have been involuntarily hospitalized in lieu of prosecution; clarifies and that criminal justice agencies may access registration information.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
