New laws seek to
alter ConstitutionLingle signs a series of measures
intended to help crime victims
Gov. Linda Lingle signed into law yesterday bills intended to help crime victims and aid law enforcement.
State Attorney General Mark Bennett said the bills help restore the balance of justice by putting victims first.
The ceremony was held as part of Police Week in Hawaii, recognizing the efforts of law enforcement agencies.
"Helping law enforcement put people in jail is not synonymous with helping victims of crime," he said. "Simply passing tougher laws is not in and of itself the answer to helping victims of crime and putting victims first."
The approved bills:
>> Senate Bill 2843_HD2, would seek a change to the state Constitution to make it easier for the state to reopen the Sex Offender Registry Web site by giving lawmakers the power to make the information available without a hearing.
The state was forced to shut down the Web site in November 2001 after the state Supreme Court ruled that convicted felons should be afforded a hearing before the state puts their names and other information on the Internet.
>> Senate Bill 2846_HD2, proposes to amend the Hawaii Constitution to protect from disclosure communications between alleged sexual assault victims and their rape counselors.
The state's high court threw out the January 2000 conviction of a Honolulu man found guilty of third-degree sexual assault involving his hanai daughter because his lawyer could not ask the girl whether she had recanted her accusation against the defendant to her counselor.
>> House Bill 2789_SD1, is a proposed constitutional amendment to give the Legislature the authority to define the criminal offense of continuous sexual assault of a minor.
The Supreme Court reversed the June 2002 conviction of a Maui man found guilty of the offense after sexually assaulting his girlfriend's two daughters during a two-year period.
>> Senate Bill 2851_SD1, puts back on the ballot a proposed constitutional amendment that would allow prosecutors to charge suspects with felonies without presenting evidence or witnesses to a judge or grand jury. Hawaii voters approved the "information charging" amendment in the 2002 general elections, but the Supreme Court voided the results after determining the ratification process was flawed.
Also signed into law was Senate Bill 2861_CD1, which lists which felony cases are subject to information charging.
Lingle's signature places the constitutional amendment proposals on the ballot in this year's general elections.
>> House Bill 2254_CD1, would clarify state law to allow prosecutors to charge suspects with first-degree sexual assault for all types of oral sex.
The Hawaii Supreme Court overturned an Oahu man's July 2002 first-degree sexual assault conviction involving a minor girl last September because the prosecutor failed to prove that sexual penetration occurred.
>> Senate Bill 2842_HD4, would require persons convicted of crimes involving child pornography to register as sex offenders.
The Associated Press contributed to this report.
