Sex offenders site
might returnSome convicts would be
automatically listed on the Web site
A bipartisan compromise between state lawmakers and Attorney General Mark Bennett could pave the way for the state to post information about sex offenders on the Internet and to protect conversations between rape victims and counselors.
The compromise on Senate Bill 2843, HD2, authorizes voters to decide on a constitutional amendment allowing the Legislature to determine which convicts would automatically appear on the public Sex Offender Registry Web site, based on the types of sex crimes committed. Other convicts would require a court hearing to determine if their information would be posted.
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The Legislature would also decide what information would be publicly available, how that information would be available and for how long convicts would remain on the registry before they could petition to have their names removed.
Republicans and Bennett criticized Democrats last week, arguing that lawmakers had removed the measures from bills to protect crime victims. Democrats, in turn, blasted Bennett for not holding any hearings to place convicted sex offenders on the Web site.
Another measure, Senate Bill 2842, HD4, establishes a task force to offer recommendations to the Legislature and study public access to sex offender registration.
"In the interim, the Department of the Attorney General and the four county prosecutors are going to work to conduct as many hearings during that time as possible so ... there will be individual names up on the registry to the extent the judges grant our motion to allow that," Bennett said.
The state was forced to shut down the Web site in 2001 after the Hawaii Supreme Court ruled that all convicted sex offenders should be afforded a hearing before their names, convictions, home and work addresses and information about their automobiles are made public.
The compromise on a second measure, SB 2846, HD2, asks voters to approve a constitutional amendment protecting the privacy of conversations between rape victims and counselors.
As part of the compromise, lawmakers deleted a proposal for a constitutional guarantee prohibiting the use of an alleged rape victim's sexual history in trial. House Judiciary Committee Vice Chairman Blake Oshiro (D, Halawa Valley-Aiea Heights) said the guarantee was not needed since the state's so-called "rape shield" law already protects an alleged victim's sexual history. Bennett said he agreed to remove the provision because there is no lawsuit challenging the state's rape-shield law.
All lawmakers in the House gave preliminary approval to the two proposals except Rep. Alex Sonson (D, Pearl City-Waipahu). Sonson said he opposes changing the constitution to deny convicted sex offenders hearings before their names are put on the Sex Offender Registry.
"This is an amendment of convenience," he said, noting prosecutors' claims that the hearing process would be lengthy and costly. "I want to make it clear, I am not in support of child molesters. I am not protecting them. I am protecting the due-process rights intended in our constitution."
Sonson said the other proposal would take away a defendant's right to challenge the truthfulness of accusations made against him.
If an accusation is a lie, "This would protect that lie," he said.
A final House vote on the proposed amendments is scheduled for tomorrow.
