STAND. COM. REP. NO.2507

Honolulu, Hawaii

, 2002

RE: S.B. No. 2045

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2045 entitled:

"A BILL FOR AN ACT RELATING TO EXPUNGEMENT,"

begs leave to report as follows:

The purpose of this measure is to require the court to consult with the prosecuting attorney rather than law enforcement agencies prior to issuing an order to expunge a juvenile arrest record that was never referred to the court.

Your Committee finds that consultation with the prosecuting attorney is more appropriate than with law enforcement agencies prior to expungement of juvenile arrest records.

Your Committee notes that the Juvenile Justice Information Committee (JJIC) was established by section 846D-2, Hawaii Revised Statutes, under the Attorney General to promote interagency cooperation and coordination of a statewide juvenile justice information reporting and retrieval system. The JJIC has formed a subcommittee to address concerns raised regarding policy issues related to the exclusion of arrest records where the police disposition is "counseled and released". While this bill substitutes the prosecutor for law enforcement agencies, the Public Defender raised some concerns in your Committee on Health and Human Services. Your Committee requests the JJIC's subcommittee to review the concerns of the Public Defender and to report on its findings and recommendations to the legislature before the 2003 Session.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2045 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair