STAND. COM. REP. NO.2914

Honolulu, Hawaii

, 2002

RE: H.B. No. 1804

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 1804 entitled:

"A BILL FOR AN ACT RELATING TO EXPUNGEMENT,"

begs leave to report as follows:

The purpose of this measure is to clarify the procedure to be followed by the family court in making orders to expunge juvenile arrest records.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu. Testimony in opposition to this measure was submitted by the Office of the Public Defender expressing concerns about inequitable application of this expungement statute.

Your Committee finds that the family court has recently been provided authority to expunge juvenile arrest records within certain legal criteria and upon consultation with law enforcement agencies. Your Committee further finds that expungement of juvenile arrest records is appropriate for those persons who have had no further interaction with the juvenile justice system. However, your Committee shares the concerns expressed by the Office of the Public Defender regarding the statute which allows expungement of juvenile arrest records referred to the prosecuting attorney or the court, but not those records of cases informally discharged by the police. Thus, your Committee requests that the Senate Judiciary Committee review these concerns and seek resolution through further consultation with the family court and law enforcement agencies.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1804, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

____________________________

DAVID MATSUURA, Chair