CHAPTER 846E
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/hi/846eA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAPTER 846E
REGISTRATION OF SEX OFFENDERS AND OTHER COVERED
OFFENDERS AND Public Access to Registration Information
Section
846E-1 Definitions
846E-2 Registration requirements
846E-3 Access to registration information
846E-4 Duties upon discharge, parole, or release of covered
offender
846E-5 Periodic verification of registration information
846E-6 Requirement to register a change of registration
information; verification by the attorney general
846E-7 Notification by the attorney general of changes in
registration information
846E-8 Good faith immunity
846E-9 Failure to comply with covered offender registration
requirements
846E-10 Termination of registration requirements
846E-11 Repealed
846E-12 Tolling
846E-13 Repealed
Note
Chapter heading amended by L 2005, c 45, §2.
Revision Note
Chapter was enacted as addition to title 37 but was renumbered pursuant to §23G-15.
In this chapter, subsection, paragraph, and subparagraph designations are redesignated pursuant to §23G-15(1).
Law Journals and Reviews
When Children Prey on Children: A Look at Hawai‘i's Version of Megan's Law and its Application to Juvenile Sex Offenders. 20 UH L. Rev. 477 (1998).
Case Notes
Indecent exposure, in violation of §707-734, does not constitute an offense that entails "criminal sexual conduct" and, consequently, persons convicted of indecent exposure are not "sex offenders" for purposes of this chapter; thus, defendant was not required to register as a "sex offender" pursuant to this chapter. 102 H. 383, 76 P.3d 935 (2003).
Registration requirements under this chapter not cruel and unusual punishment under article I, §12 of the Hawaii constitution as registration requirements are not so punitive in nature as to overcome legislature's remedial purpose. 105 H. 222, 96 P.3d 242 (2004).
The lifetime registration component of the Hawaii sex offender registration statute implicates a protected liberty interest under the Hawaii constitution, article I, §5 and requires that minimum requirements of due process--notice and opportunity to be heard--be afforded to convicted sex offenders; such a proceeding may be instituted by a sex offender in a special proceeding. 105 H. 222, 96 P.3d 242 (2004).
This chapter, as applied to defendant, was not grossly disproportionate to the offenses for which defendant was convicted, as proportionality is not guaranteed by the Eighth Amendment; the question was whether the statute itself effects a punishment which was both severe and unknown to Anglo-American tradition. 105 H. 222, 96 P.3d 242 (2004).
This chapter not violative of ex post facto clause under Article I, §10 of the U.S. Constitution as legislature's express purpose was for chapter to be remedial rather than punitive and statutory scheme is not so punitive as to negate the State's remedial purpose. 105 H. 222, 96 P.3d 242 (2004).