Keeping Hawai`i Safe
A message from the Senate Public Safety Committee.
By Sen. Will Espero
As Chair of the Senate Public Safety Committee, I am working on many bills to increase public safety in our state. I will highlight several today for your input and comments.
The brutal murder of Karen Ertell in her own home by a 15 year old neighbor rocked our Ewa Beach community on the morning of May 25, 2007. As a juvenile in family court, the killer would have his murder trial closed to the public, and if convicted, be eligible for release by his 19th birthday. The charge of murder means the killer planned out taking the life of the victim before carrying out his deadly, violent act. I believe that when a 15 year old is charged with first or second degree murder, the trial should be held in the public arena, and not behind the closed doors of family court. My proposed legislation would require all 15 year olds accused of murder to be tried as adults, and if found guilty, serve time in juvenile detention, then be transferred to an adult prison upon reaching 18 years old.
Currently there is a 10 year statute of limitation on rape cases. With today’s technology, cold cases can now be solved. I am introducing a bill to remove the statute of limitations on rape cases so we can catch and prosecute sexual offenders in our communities.
Related to this is a bill to adopt Katie’s Law, based on a mainland criminal justice statute. Katie Sepich, a 22 year old university student, was brutally raped and murdered. The only evidence linking the killer to her was the DNA under her fingernails as she fought for her life. Only three months after killing Katie, the murder-rapist was caught with a knife breaking into the apartment of two young women who were home at the time. Katie’s Law creates a forensic database of DNA samples of those arrested for serious crimes, so that law enforcement has this additional tool to solve and prosecute criminals.
Drunk driving is a terrible act being done too often on our roads. Anyone of us can be killed by an irresponsible drunk driver. This legislation would require convicted drunk drivers to pay for ignition lock devices on their vehicles that prevent them from driving when they are intoxicated.
Approximately 175 female Hawai`i convicts are imprisoned on the mainland. I believe all prisoners should eventually be brought back to Hawai`i. This bill would fund the return of all the women prisoners from the mainland. Data shows that being closer to their families helps both the inmate and the family members during this difficult time of incarceration. The children are a special concern, and would benefit by being able to keep in contact with their incarcerated mothers, to preserve the parent-child relationship.
Last session we passed Act 8/SB932 to fund programs that increase ex-offenders’ chances of staying straight after serving time. The Administration said the Act did not require the state to return mainland inmates on the last year of their sentence to Hawai`i to participate in these programs to prepare them for re-entering the community. My follow-up bill will clarify the mandatory nature of Act 8. Reintegration programs help offenders turn their lives around, thereby reducing repeat offenses and alleviating prison overcrowding.
Part-Hawaiians account for approximately 40% of our inmate population, a sad commentary considering that Hawaiians make up about 22% of the state’s population. My bill would create a task force to study why the rate of incarceration for Hawaiians is so high, and what kind of actions we should take to reverse this statistic.
Another of my bills would require the governor to give 45 days public notice prior to pardoning an individual. This would allow public input to the governor before any pardon is completed.
The Hawai`i Supreme Court last year overturned a lower court’s decision regarding a parent’s use of his fists to discipline his child. I believe the Hawai`i Supreme Court was wrong, and feel any use of one’s fists to discipline a child should be illegal. One proposed bill would make it a crime for a parent or guardian to discipline children with their fists.
Another bill would create a violent offender registry similar to the sexual offender registry which the state currently mandates. Registries allow the public to know where violent offenders live. Violent offenders who are released would be required to register for five years after their release. If they keep clean during the entire five years, their name would be removed from the registry. Opponents feel the registry stigmatizes inmates who have already served their time in prison. I feel this is part of the price one pays for being a violent offender.
A final measure I am looking into is the disappearance of Peter Boy Kema, a young boy who was allegedly given to an auntie over 10 years ago. To date, the auntie was never found or identified even though the parents say Peter Boy was given to her on Oahu. I am working on a bill that would never allow this lame excuse to be used by a parent or guardian. This case appears to have allowed parents to get away with murder by saying the child was sent away to live with another person. I am saddened and shocked that the parents have not been tried for the disappearance of Peter Boy Kema.
These are some of the bills I will be introducing in the 2008 session. I believe passage of these measures would make Hawaii a safer place for our families and communities.
Sen. Will Espero represents Senatorial District 20 (`Ewa Beach, `Ewa by Gentry, Ocean Pointe, `Ewa Villages, West Loch, Honouliuli, Lower Waipahu) on the Island of O‘ahu. He is the chair of the Senate’s Public Safety Committee.