Bill Text: HI HB359 | 2025 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Covered Offender Registration.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced) 2025-02-19 - The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. [HB359 Detail]

Download: Hawaii-2025-HB359-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	359
THIRTY-THIRD LEGISLATURE, 2025
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 finds that sex offenders present an extreme threat to public safety due to high rates of sexual recidivism.  To mitigate this threat, Hawaii established covered offender registration laws to require the public release of relevant information concerning the presence of convicted sex offenders in the community.

     The legislature further finds that there are certain gaps under the current registration laws for offenses committed against minors.  For example, the public disclosure of registration information is not required for an offender who, while acting in a professional capacity, commits the offense of sexual assault in the fourth degree against a minor who is at least sixteen.  This omission would allow these sex offenders – who abused their position of trust, power, authority, or supervision to engage in sexual contact with a minor – to evade public detection and continue to prey upon children in the community.

     Accordingly, the purpose of this Act is to amend the covered offender registration laws to:

     (1)  Include offenders who, while acting in a professional capacity, commit the offense of sexual assault in the fourth degree against a minor who is at least sixteen years old; and

     (2)  Require public disclosure for covered offenses that are committed against minors, regardless of whether the conviction was for a first-time misdemeanor offense.

     SECTION 2.  Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "sexual offense" to read as follows:

     ""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)[,] and (d), 707-733.6, 712-1200.5(4), 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;

          (B)  Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

          (C)  Use of a minor in a sexual performance;

          (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)  Commercial sexual exploitation of a minor 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-3, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  If a covered offender has been convicted of only one covered offense and that covered offense is a misdemeanor, and was not committed against a minor, the covered offender shall not be subject to the public access requirements set forth in this section."

     SECTION 4.  This Act shall not affect rights and duties that matured, penalties and forfeitures that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

 

Report Title:

Covered Offender Registration; Sexual Offense; Public Access

 

Description:

Amends covered offender registration laws to include offenders who, while acting in a professional capacity, commit the offense of sexual assault in the fourth degree against a minor who is at least sixteen years old.  Provides that the exception to public access requirements does not apply when the covered offense was committed against a minor.

 

 

 

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