RELATING TO DOMESTIC ABUSE.

SB2813

THE SENATE

S.B. NO.

2813

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to domestic abuse
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that domestic abuse and those who perpetrate it are an
extreme threat to society.
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The
legislature further finds that domestic abuse is a widespread and serious issue
that affects individuals of all gender, ages, races, and socioeconomic
backgrounds and is a significant public health and societal issue.
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The legislature also finds that domestic
abuse causes severe physical, emotional, and psychological harm on its victims
with further far-reaching effects on those around them, creating cycles of
violence, intergenerational trauma, and social instability.
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In the State, ohana, or family, is
foundational to society.
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However,
domestic abuse undermines the integrity and well-being of family units, which
in turn, undermines the stability of the State's society.

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The legislature further finds that it is in
the best interest of the State that the public be protected from individuals
exhibiting abusive and aggressive behavior by requiring strict registration requirements
of domestic abusers and public notification of the presence of these
perpetrators.

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Accordingly, the purpose of this Act is to
establish a domestic abuse offender registry.

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SECTION 2.
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The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

registration
of domestic abuse offenders and other covered offenders and public access to
registration information

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� -1 Definitions.
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As used in this chapter, unless the context
clearly requires otherwise:

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"Agency having
jurisdiction" means that agency with the authority to direct the release
of a person serving a sentence or term of confinement or place a person on
probation, supervised release, or parole and includes the department of
corrections
and rehabilitation
, the Hawaii paroling authority, the
courts, and the department of health.

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"Attorney general" means the
attorney general of the State of Hawaii, the department of the attorney
general, or an authorized representative of the attorney general.

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"Chief of police" means the
county chief of police, the county police department, or an authorized
representative of the chief of police.

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"Clean
record" means no conviction for a felony or covered offense, and if placed
on probation or parole, completion of probation or parole without more than one
revocation.

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"Conviction" means a judgment on
the verdict, or a finding of guilt after a plea of guilty or nolo contendere,
excluding the adjudication of a minor, and occurs on the date judgment is
entered.

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"Covered offender" means a person
who has been convicted of the offense of abuse of a family or household members
pursuant to section 709-906 or of a crime that has involved violence or threats
against an individual who qualifies as a family or household member.

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"Covered offense" means a
criminal offense described in section 709-906 or a crime involving violence or
threats against an individual who qualifies as a family or household member.

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"Family or household member" has
the same meaning as defined in section 709-906.

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"Permanent
residence" means a building, permanent structure or unit therein, or
watercraft where the covered offender resides and intends to reside
indefinitely, or at least for the next one hundred eighty days, and which the
offender owns, rents, or occupies with the consent of the owner.

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"Registration
information" means the information specified in section
-2(c) and (d).

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"Release"
means release from:

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(1)
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Imprisonment;

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(2)
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Imprisonment
and placed on parole;

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(3)
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Imprisonment
and placed on furlough;

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(4)
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Any
form of commitment, custody, or confinement resulting from an order made
pursuant to chapter 704; or

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(5)
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A
halfway house or other equivalent facility,

whichever
is later.

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"Temporary residence" means a
building, permanent structure or unit therein, watercraft, emergency shelter,
or transitional housing facility where the covered offender resides, but does
not intend to reside for more than one hundred eighty days.

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� -2 Domestic
abuse offender registry; established; registration requirements.
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(a)
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There is established within the department of the attorney general a
domestic abuse offender registry.

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(b)
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A covered offender shall register with the attorney general and comply
with the provisions of this chapter for life or for a shorter period of time as
provided by this chapter.
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Registration
under this subsection shall be required whenever the covered offender, whether
or not a resident of this State, remains in this State for more than ten days
or for an aggregate period exceeding thirty days in one calendar year.
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A covered offender shall be eligible to
petition the court in a civil proceeding for an order that the covered
offender's registration requirements under this chapter be terminated pursuant
to section -11.

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(c)
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A person who establishes or maintains a
residence in this State or who
remains in this State for more than ten
days or for an aggregate period exceeding thirty days in one calendar year,

and who
has not been designated as a covered offender by a court of this State but who
has been designated as a covered offender in another state or jurisdiction and
was, as a result of the designation, subjected to registration or community or
public notification, or both, or would be if the person was a resident of that
state or jurisdiction, without regard to whether the person otherwise meets the
criteria for registration as a covered offender, shall register in the manner
provided in this section.
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A person who
meets the criteria of this subsection is subject to the requirements of this chapter
for covered offenders and penalty provisions of section -10
until the person successfully petitions:

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(1)
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The attorney general for termination of
registration requirements by providing an order issued by the court that
designated the person as a covered offender in the state or jurisdiction in
which the order was issued, which states that the designation has been removed
or demonstrates to the attorney general that the designation, if not imposed by
a court, has been removed by operation of law or court order in the state or
jurisdiction in which the designation was made, and the person does not meet
the criteria for
registration as a covered offender under the laws of
this
State
;
provided
that if
the person is not satisfied with the decision of the
attorney general on the request for

termination of registration requirements, the person may appeal the decision
pursuant to chapter

91
; or

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(2)
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The
court
for termination of
registration requirements pursuant to section -11.

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(c)
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Registration
information for each covered offender shall include a signed statement by the
covered offender containing:

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(1)
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The
name, all prior names, nicknames and pseudonyms, and all aliases used by the
covered offender or under which the covered offender has been known and other
identifying information, including date of birth and any alias date of birth,
social security number and any alias social security number, sex, race, height,
weight, hair and eye color, and blood type;

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(2)
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The
actual address and telephone number of the covered offender's permanent
residence or the address of the covered offender's current temporary residence,
or if an address is not available, a description of the place or area in which
the covered offender resides for at least thirty nonconsecutive days within a
sixty-day period, and for each address or place where the covered offender
resides, how long the covered offender has resided there;

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(3)
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The
actual address or description of the place or area, the actual length of time
of the stay, and telephone number where the covered offender is staying for a
period of more than ten days, if other than the stated residence;

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(4)
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If
known, the future address and telephone number of the place where the covered
offender is planning to reside, if other than the stated residence;

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(5)
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Any
electronic mail address, any instant message name, any internet designation or
moniker, and any internet address used for routing or self-identification;

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(6)
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Any
cell phone number and other designations used for routing or
self-identification in telephonic communications;

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(7)
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Names
and, if known, actual business addresses of current and known future employers,
including information for any place where the covered offender works as a
volunteer or otherwise works without remuneration, and the starting and ending
dates of any employment;

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(8)
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For
covered offenders who may not have a fixed place of employment, a description
of the places where such a covered offender works, such as information about
normal travel routes or the general area or areas in which the covered offender
works;

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(9)
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Professional
licenses held by the covered offender;

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(10)
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Names
and actual addresses of current and known future educational institutions with
which the covered offender is affiliated in any way, whether or not
compensated, including but not limited to affiliation as a faculty member,
employee, or student, and the starting and ending dates of any of these
affiliations;

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(11)
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The
year, make, model, color, and license or registration or other identifying
number of all vehicles, including automobiles, watercrafts, and aircrafts,
currently owned or operated by the covered offender and the address or
description of the place or places where the covered offender's vehicle or
vehicles are habitually parked, docked, or otherwise kept;

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(12)
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Passports
and information about the passports, if the covered offender has passports, and
documents establishing immigration status and information about these
documents, if the covered offender is an alien;

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(13)
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A
statement listing all covered offenses for which the covered offender has been
convicted or found unfit to proceed or acquitted pursuant to chapter 704;

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(14)
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A
statement indicating whether the covered offender has received or is currently
receiving treatment ordered by a court of competent jurisdiction or by the
Hawaii paroling authority;

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(15)
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A
statement indicating whether the covered offender is a United States citizen;

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(16)
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Any
additional identifying information about the covered offender; and

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(17)
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The
statement signed by the covered offender pursuant to subsection (e).

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(d)
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The
following information shall also be included in the registry for each covered
offender:

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(1)
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A
current photograph of the covered offender;

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(2)
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A
physical description of the covered offender, including a description of
particular identifying characteristics such as scars or tattoos;

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(3)
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Confirmation
that the covered offender has provided digitized fingerprints and palm prints
of the covered offender;

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(4)
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Judgment
of conviction, judgment of acquittal, or judicial determination of unfitness to
proceed documenting the criminal offense or offenses for which the covered
offender is registered;

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(5)
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The text, or an
electronic link to the text, of the provision of law defining the criminal
offense or offenses for which the covered offender is registered;

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(6)
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The criminal history
of the covered offender, or an electronic link to the criminal history,
including the date of all arrests and convictions, the status of parole,
probation, or supervised release, registration status, and the existence of any
outstanding arrest warrants for the covered offender;

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(7)
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Confirmation that the
covered offender has provided a DNA buccal swab sample as required by chapter
844D;

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(8)
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Confirmation that the
covered offender provided a sample of saliva and two samples of blood for the
purpose of secretor status;

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(9)
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Digitized copies of a
valid driver's license or identification card issued to the covered offender,
or an electronic link to such records; and

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(10)
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Digitized
copies of passports
and documents establishing
immigration status, or an electronic link to such records.

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(e)
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Whenever a covered offender provides registration information, during
initial registration as a covered offender or when providing notice of a change
in registration information, the covered offender shall sign a statement
verifying that all of the registration information is accurate and
current.
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The covered offender shall
provide in the signed statement the following information:

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(f)
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In addition to the requirement under
subsection (b) to register with the attorney general and comply with the
provisions of this chapter until a court relieves the covered offender of the
registration requirements of this chapter, each covered offender shall also
register in person with the chief of police where the covered offender resides
or is present.
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Registration under this
subsection is for the purpose of providing the covered offender's photograph,
fingerprints, and registration information.
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Registration under this subsection is required whenever the covered
offender, whether or not a resident of this State, remains in this State for
more than ten days or for an aggregate period exceeding thirty days in one
calendar year.
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Covered offenders
required to register in person with the chief of police under this subsection
shall register no later than three working days after the earliest of:

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(1)
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Arrival
in this State;

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(2)
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Release
from incarceration;

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(3)
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Release
from commitment;

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(4)
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Release
on furlough;

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(5)
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Conviction
for a covered offense, unless incarcerated;

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(6)
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Release
on probation;

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(7)
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Placement
on parole; or

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(8)
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Arrival
in a county in which the covered offender resides or expects to be present for
a period exceeding ten days.

In addition
to any other requirement to register under this subsection or subsection (b), a
covered offender shall report in person every year, within thirty days from the
offender's date of birth, to the chief of police
where the
covered offender resides, or to any other department or agency that may be
designated by the attorney general in rules adopted pursuant to chapter 91 for
purposes of the administration of this subsection, and shall review the
existing information in the registry that is within the offender's knowledge,
correct any information that has changed or is inaccurate, provide any new
information that may be required, and allow the police and other department or
agency designated by the attorney general to take a current photograph of the
offender.

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� -3
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Access to registration information.
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(a)
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Registration
information shall be disclosed as follows:

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(1)
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The
information shall be disclosed to a law enforcement agency for law enforcement
purposes;

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(2)
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The
information shall be disclosed to government agencies conducting confidential
background checks;

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(3)
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The
attorney general and any county police department shall release public
information as provided in subsection (b) concerning a specific person required
to register under this chapter; provided that the identity of a victim of an
offense that requires registration under this chapter shall not be released.

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(b)
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For
the purposes of this section, "public information" means:

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(1)
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Name,
prior names, nicknames and pseudonyms, and all aliases used by the covered
offender or under which the covered offender has been known;

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(2)
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The
year of the covered offender's date of birth and the year of the covered
offender's alias dates of birth;

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(3)
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A
physical description of the covered offender that includes any particular
identifying characteristics, including scars or tattoos;

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(4)
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The
actual address where the covered offender resides or any current, temporary
address where the covered offender resides or, if an address is not available,
a description of any place or area in which the covered offender resides for at
least thirty nonconsecutive days within a sixty-day period, and, for each
address or place where the covered offender resides, how long the covered
offender has resided there;

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(5)
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The
actual address or description of the place or area where the covered offender
is staying for more than ten days, if other than the stated residence, and the
actual length of time of the stay;

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(6)
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The
future actual address, if known, where the covered offender is planning to
reside, if other than the stated residence;

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(7)
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The
street name and zip code of the covered offender's current locations of
employment, including information for any place where the covered offender
works as a volunteer or otherwise works without remuneration;

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(8)
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For
covered offenders who may not have a fixed place of employment, a description
of the places where such a covered offender works;

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(9)
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Professional
licenses held by the covered offender;

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(10)
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Names
and actual addresses of current and known future educational institutions with
which the covered offender is affiliated as a faculty member, employee, or student,
and the starting and ending dates of any of these affiliations;

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(11)
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The
year, make, model, color, and license number of all vehicles, including
automobiles, watercrafts, and aircrafts, currently owned or operated by the
covered offender, excluding vehicles operated exclusively for purposes of work;

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(12)
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A
statement listing all covered offenses for which the covered offender has been
convicted or found unfit to proceed or acquitted pursuant to chapter 704;

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(13)
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Judgment
of conviction, judgment of acquittal, or judicial determination of unfitness to
proceed documenting the criminal offense or offenses for which the covered
offender is registered;

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(14)
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The
text, or an electronic link to the text, of the provision of law defining the
criminal offense or offenses for which the covered offender is registered; and

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(15)
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A
recent photograph of the covered offender.

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The
identity of any victim of the covered offense shall not be disclosed and any
documentation containing this information shall be redacted to prevent
disclosure.

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(c)
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To
facilitate community notification, after a covered offender registers or
updates a registration, the attorney general may provide public information in
the registry about that offender to any organization, company, or individual
who requests notification pursuant to procedures established by the attorney
general through rules adopted pursuant to chapter 91.

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(d)
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A covered offender may seek correction of
erroneous public information by petitioning the attorney general to make the
correction.
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If the covered offender is
not satisfied with the decision of the attorney general on the request for
correction, the covered offender may appeal the decision pursuant to chapter
91.

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(e)
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Public access to a covered offender's public
information shall be permitted with regard to each covered offender beginning
the next working day following the filing of a judgment of conviction, a
finding of unfitness to proceed or an acquittal due to mental disease,
disorder, or defect, for a covered offense, or as soon thereafter as is
practical.
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When a notice of appeal has
been filed, the public information shall note that the covered offender has
filed a notice of appeal.
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The public
information shall be removed upon the reversal of the covered offender's
conviction or the granting of a pardon to the covered offender.

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(f)
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Public access authorized by this section
shall be provided by both public internet access and on-site public access;
provided that on-site public access shall be provided for each covered offender
at the Hawaii criminal justice data center and at one or more designated police
stations in each county, to be designated by the attorney general, between the
hours of 8:00 a.m. and 4:30 p.m. on weekdays, excluding holidays.

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(g)
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Public access to the public information for
each covered offender shall be permitted while the covered offender is subject
to domestic abuse registration, except that after forty years have elapsed
after release or sentencing, whichever is later, a covered offender may
petition the court in a civil proceeding to terminate public access.
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In the civil proceeding to terminate public
access, the State shall be represented by the attorney general; provided that
the attorney general, with the prosecuting agency's consent, may designate the
prosecuting agency that prosecuted the covered offender for the most recent
covered offense within the State to represent the State.
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For covered offenders who have never been
convicted of a covered offense within the State of Hawaii, the attorney general
shall represent the State; provided that the attorney general, with the
prosecuting agency's consent, may designate the prosecuting agency for the
county in which the covered offender resides to represent the State.
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The court may order this termination upon
substantial evidence and more than proof by a preponderance of the evidence
that:

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(1)
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The
covered offender has had no new convictions for covered offenses;

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(2)
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The
covered offender is very unlikely to commit a covered offense ever again; and

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(3)
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Public
access to the covered offender's public information will not assist in
protecting the safety of the public or any member thereof;

provided that a denial by the court
for relief pursuant to a petition under this section shall preclude the filing
of another petition for five years from the date of the last denial.

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(h)
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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.

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(i)
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The following message shall be posted at both
the site of internet access and on-site public access locations:

"Information
regarding covered offenders is permitted pursuant to chapter .
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Public access to this information is based
solely on the fact of each offender's criminal conviction and is not based on
an estimate of the offender's level of dangerousness.
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By allowing public access to this
information, the State makes no representation as to whether the covered
offenders listed are dangerous.
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Any
person who uses the information in this registry to injure, harass, or commit a
criminal act against any person included in the registry may be subject to
criminal prosecution, civil liability, or both."

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(j)
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The public access provisions of this section
shall apply to all covered offenders without regard to the date of conviction.

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(k)
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For the purposes of this section, "conviction"
means:

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(1)
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A
judgment on the verdict, or a finding of guilt after a plea of guilty or nolo
contendere, excluding the adjudication of a minor;

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(2)
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A
finding of unfitness to proceed resulting in the release of the covered
offender into the community, excluding a finding as to a minor; or

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(3)
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An
acquittal due to a physical or mental disease, disorder, or defect pursuant to
chapter 704 resulting in the release of the covered offender into the
community, excluding an acquittal as to a minor.

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� -4 Duties
upon discharge, parole, or release of a domestic abuse offender.
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(a)
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Each person, or that person's designee, in
charge of a jail, prison, hospital, school, or other institution to which a
covered offender has been committed pursuant to a conviction, or an acquittal
or finding of unfitness to proceed pursuant to chapter 704, for a covered
offense, and each judge, or that judge's designee, who continues bail for or
releases a covered offender following sentencing and the entry of a judgment of
conviction, who releases a covered offender on probation or who discharges a
covered offender upon payment of a fine, and each agency having jurisdiction,
shall, prior to the discharge, parole, or release of the covered offender:

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(1)
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Explain
to the covered offender the duty to register and the consequences of failing to
register under this chapter;

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(2)
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Obtain
from the covered offender all of the registration information required by this
chapter;

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(3)
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Inform
the covered offender that if at any time the covered offender changes any of
the covered offender's registration information, the covered offender shall
notify the attorney general of the new registration information in writing
within three working days;

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(4)
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Inform
the covered offender that, if at any time the covered offender changes
residence to another state, the covered offender shall register the new address
with the attorney general and also with a designated law enforcement agency in
the new state, if the new state has a registration requirement, within the
period of time mandated by the new state's sex offender registration laws;

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(5)
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Obtain
and verify fingerprints, samples of saliva and blood, and a photograph of the
covered offender, if these have not already been obtained or verified in
connection with the offense that triggers the registration; provided that any
samples of saliva and blood shall be analyzed and the results shall be
recorded, preserved, and disseminated in a manner established by the Hawaii
criminal justice data center;

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(6)
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Require
the covered offender to sign a statement indicating that the duty to register
has been explained to the covered offender; and

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(7)
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Give
one copy of the signed statement and one copy of the registration information
to the covered offender.

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(b)
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No covered offender required to register
under this chapter shall be discharged, released from any confinement, or
placed on parole or probation unless the requirements of subsection (a) have
been satisfied and all registration information required under section -2
has been obtained.

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(c)
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An agency having jurisdiction over the
covered offender shall obtain documentation of any treatment the covered
offender received for a mental disease, defect, or disorder, if any, and any
additional physical identifying factors, including scars or tattoos, to be
included in the covered offender's registration information.

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(d)
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Notwithstanding any law to the contrary, a
copy of the signed statement and one copy of the registration information shall
be transmitted to the attorney general within three working days.

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(e)
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Following receipt of the information from the
agency having jurisdiction over the covered offender, the attorney general
immediately shall enter the information into a statewide record system, unless
the information has been previously entered into a statewide record system, and
notify the county police department or appropriate law enforcement agency
having jurisdiction where the covered offender expects to reside.

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(f)
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A covered offender shall report in person
every three years to the chief of police where the covered offender's residence
is located or to any other department or agency that may be designated by the
attorney general in rules adopted pursuant to chapter 91 for purposes of the
administration of this subsection, and shall review the existing information in
the registry that is within the offender's knowledge, correct any information
that has changed or is inaccurate, provide any new information that may be
required, and allow the police and any other department or agency designated by
the attorney general to take a current photograph of the offender.

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(g)
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The chief of police shall transmit any
covered offender registration information required by this chapter to the
attorney general, by entering the information into a statewide record system,
if the information has not previously been entered into the system, and also
shall provide the attorney general with a photograph and fingerprints of the
covered offender, taken at the time the covered offender registers with the
chief of police.

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� -5
�
Domestic abuse offender; release from
incarceration; notification to appropriate county police department; required.
�
A
domestic abuse offender who is released from incarceration or shall register,
in person, with the chief of police of the police department of the county in
which the offender resides or expects to be remain in for not less than thirty
days, within three days from the date that the offender arrives in the county.

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� -6
�
Periodic verification of registry
information.
�
(a)
�
A covered offender who has
registered a permanent residence address to which the United States Postal
Service will deliver mail or a permanent residence and a registered post office
box, during the first week of the months of January, April, July, and October
of every year,
the attorney general shall mail a nonforwardable
verification form to the last reported permanent residence address or post
office box of the covered offender.
�
Upon
receipt of the verification form:

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(1)
�
The
covered offender shall sign the verification form and state that the covered
offender still resides at the address last reported to the attorney general and
that no other registration information has changed or shall provide the new
information; and

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(2)
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The
covered offender shall mail the signed and completed verification form to the
attorney general within ten days after receipt of the form.

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(b)
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For the covered offender who has registered:

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(1)
�
A
temporary residence address;

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(2)
�
A
description of a place or area in which the covered offender resides for at
least thirty nonconsecutive days within a sixty-day period;

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(3)
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No
place of residence; or

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(4)
�
A
permanent residence address, to which the United States Postal Service will not
deliver mail, and has no registered post office box,

during
the first week of the months of January, April, July, and October of every
year, the covered offender shall report to the chief of police where the
covered offender resides, or to any other department or agency that may be
designated by the attorney general in rules adopted pursuant to chapter 91 for
purposes of administration of this section, and shall review the existing
information in the registry that is within the covered offender's knowledge,
correct any information that has changed or is inaccurate, and provide any new
information that may be required.

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� -7
�
Requirement to register a change of residence;
verification by the attorney general.
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(a)
�
A
covered offender required to register under this chapter, who changes their
residence after an initial registration with the attorney general, shall notify
the attorney general of their new address in writing within three working days
of the change.

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(b)
�
If
a covered offender leaves the State and establishes a new residence in another
state that has a registration requirement, the person shall register with the
designated law enforcement agency in the state to which the person moves,
within ten days.

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(c)
�
For
the purposes of this section, a covered offender shall be deemed to have
established a new residence during any period in which the covered offender is
absent from their registered residence for ten or more days.

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� -8
�
Notification by the attorney general of
changes in residence.
�
Immediately,
and in no event, not later than ten days after receiving notice of a change of
registration information, the attorney general shall report the change of
registration information by a covered offender required to register under this
chapter to the county police department where the covered offender is
residing.
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If the person changes
residence to another state, the attorney general also shall notify the law
enforcement agency with which the person must register in the new state, if the
new state has a registration requirement.

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� -9
�
Good faith immunity.
�
A
law enforcement agency, its employees, and state and county officials shall be
immune from liability for good faith conduct under this chapter.

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� -10
�
Registry requirements; failure to comply;
penalties.
�
(a)
�
A person commits the offense
of failure to comply with covered offender registration requirements if the
person is required to register under this chapter and the person:

����
(1)
�
Recklessly
fails to comply with the requirements of this chapter; or

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(2)
�
Intentionally
or knowingly fails to comply with the requirements of this chapter.

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(b)
�
A person who recklessly commits the offense
of failure to comply with covered offender registration requirements shall be
guilty of:

����
(1)
�
A
misdemeanor for a first offense; and

����
(2)
�
A
class C felony for a second or subsequent offense.

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(c)
�
A person who knowingly or intentionally
commits the offense of failure to comply with covered offender registration
requirements shall be guilty of a class C felony.

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� -11
�
Termination of registry requirements;
compliance.
�
(a)
�
Tier 2 offenses.
�
A covered offender who has been convicted of:

����
(1)
�
Two
or more separate offenses under section 709-906 or that involve a crime of
violence or threats against an individual who qualifies as a family or
household member; or

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(2)
�
An
offense that resulted in the death or serious bodily injury of a person who
qualifies as a family or household member,

shall register for life and shall not
petition the court, in a civil proceeding, for termination of registration
requirements.

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(b)
�
Tier 2 offenses.
�
A covered offender who has maintained a clean
record for the previous five years, excluding any time the offender was in
custody or civilly committed, and who has substantially complied with the
registration requirements of this chapter for the previous five years or for
the five years that this chapter has been applicable, and who is not a repeat
offender and has not been convicted of an offense described in subsection
(a)(2) may petition the court, in a civil proceeding, for termination of
registration requirements.

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(c)
�
In the civil proceeding for
termination of registration requirements, the State shall be represented by the
attorney general; provided that the attorney general, with the prosecuting
agency's consent, may designate the prosecuting agency that prosecuted the
covered offender for the most recent covered offense within the State to
represent the State.
�
For covered
offenders who have never been convicted of a covered offense within the State,
the attorney general shall represent the State; provided that the attorney
general, with the prosecuting agency's consent, may designate the prosecuting
agency for the county in which the covered offender resides to represent the
State.
�
The court may order this
termination upon substantial evidence and more than proof by a preponderance of
the evidence that:

����
(1)
�
The covered offender has met the
statutory requirements of eligibility to petition for termination;

����
(2)
�
The covered offender has
substantially complied with registration requirements;

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(3)
�
The covered offender is very
unlikely to commit a covered offense ever again; and

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(4)
�
Registration
by the covered offender will not assist in protecting the safety of the public
or any member thereof.

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� -12
�
Tolling.
�

The time periods provided for in this chapter shall be tolled during any
period of time the covered offender is committed or recommitted to prison or
confined to a halfway house, or an equivalent facility, pursuant to a parole or
probation violation."

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SECTION 3.
�

There is appropriated out of the general revenues of the State of Hawaii
the sum of $ or so much
thereof as may be necessary for fiscal year 2026-2027 for the establishment of
the domestic abuse offender registry.

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The sum appropriated shall be expended by
the department of the attorney general for the purposes of this Act.

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SECTION 4.
�

If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 5.
�

This Act shall apply to any acts committed prior to, on, or after its
effective date.

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SECTION 6.
�

This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

AG; Domestic
Abuse Offender Registry; Public Safety; Law Enforcement; Appropriation

Description:

Establishes
the Domestic Abuse Offender Registry within the Department of the Attorney
General.
�
Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.