STAND. COM. REP. NO.1061

Honolulu, Hawaii

, 2003

RE: H.B. No. 1022

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1022 entitled:

"A BILL FOR AN ACT RELATING TO EXPUNGEMENT,"

begs leave to report as follows:

The purpose of this measure is to authorize the expungement of a juvenile arrest record upon the juvenile attaining the age of majority if the juvenile was counseled and released by the police.

Your Committee received testimony in support of this measure from the Department of the Attorney General, the Juvenile Justice Information Committee, and the Honolulu Police Department.

Your Committee finds that police often use the "counsel and release" procedure for first-time offenders. As part of the procedure, the juvenile admits to the offense and is made to see the impact the offender's actions have on the community.

Your Committee further finds that because the "counsel and release" procedure is currently ineligible for expungement, some juveniles have been advised against admitting to the offense. In these instances, the case moves forward through the criminal justice system. Often, prosecuting these cases is not an effective use of prosecutor and court resources.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1022, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair