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Supreme Court Shuts Down Sex Offender Registry

Justices Call Law Unconstitutional

POSTED: 5:02 p.m. HST November 21, 2001
UPDATED: 6:13 p.m. HST November 21, 2001

The Hawaii Supreme Court Wednesday struck down Hawaii's version of Megan's Law, saying the state's sex offender registration law is unconstitutional.

The ruling focuses on the law's public notification.

Honolulu Prosecutor Peter Carlisle said Hawaii may be suffering from a runaway state Supreme Court.

The case revolves around Eto Bani, who pleaded no contest to sexual assault in the fourth degree. He was sentenced to one year of probation and as part of Hawaii law, was ordered to register as a sex offender.

Bani challenged the ruling to the Supreme Court and the high court sided with him, ruling, "Public notification provisions deprive Bani of a protected liberty interests without due process of law."

The high court basically said, the law allows public notification of convicted sex offenders without notice or a hearing to determine if, in fact, the defendant remains a danger to society.

Up to now, the community could access information on sex offenders and where they live. Wednesday afternoon, information about convicted sex offenders on the Internet was removed.

Since 1994, all 50 states and the federal government have passed some kind of sex offender registration law after a Megan Kanka, 7, was beaten, raped, and murdered in New Jersey.

The issue will now go before the state Legislature to revamp the law.
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