Posted at 12:32 p.m., Friday, April 29, 2005
Bill clarifying sex offender registry clears committee
Associated Press
State lawmakers yesterday approved a measure that clarifies Hawai'i's sex offender registry law and allows some offenders to be removed from the online list in as few as 15 years.Under the proposed law approved by House and Senate conferees, violent offenders, repeat offenders and child predators would have their names and information automatically placed on the state's Internet registry.
Information on those convicted of lesser offenses, such as misdemeanors, would be available only at police stations and not on the Internet. After 10 years, those offenders would be able to petition to be removed from the registry.
Other sex offenders could also request removal from the online list and the registry after complying with the registry law for 15 or 25 years, depending on the gravity of their crimes.
But those guilty of the most egregious crimes will have little opportunity to end public access to their personal information — such as their names, addresses and types of cars they drive.
Repeat offenders and sexually violent predators would both have to wait 40 years after release for the opportunity to end public access to their personal information. Aggravated sex offenders will need to wait 30 years.
"Prior to this bill, every sexual offender had to register for life," said Rep. Sylvia Luke, House Judiciary Committee chairwoman.
The new rules, which were developed with the help of the state Attorney General's office, needed to delicately balance federal law with a ruling by Hawai'i's Supreme Court.
These new rules accomplish that, said Luke, D-26th (Pacific Heights-Punchbowl).
Federal law mandates that sexually violent predators, repeat offenders and aggravated sex offenders should never be removed from the registry, while an August 2004 ruling by Hawai'i's Supreme Court said every offender has the right to a hearing to challenge being placed on the registry.
Failing to comply with the federal law can mean losing some federal funding.
Hawai'i's sex offender registration law like similar laws in all 50 states, is named for Megan Kanka, a 7-year-old New Jersey girl raped and killed in 1994 by a twice-convicted sex offender who lived near her home.
The bill must go to the floors of the Senate and House for a final vote before being sent to the Gov. Linda Lingle for her signature.
