Report Title:

Traffic Abstract; Expungement of Violations

 

Description:

Prohibits district court from disclosing, other than to law enforcement or licensee, dispositions of traffic infractions that precede the date of the request for disclosure by more than 3 years.  Does not apply to criminal convictions.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2269

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to traffic infractions.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 286-137, Hawaii Revised Statutes, is amended to read as follows:

     "§286-137  District courts to keep records.  (a)  The district court of each circuit shall keep, maintain, and control or shall otherwise provide for the keeping, maintaining, and controlling of proper and accurate records of each conviction or bail forfeiture or any other disposition of each violation [of] by a licensee coming within this part.  The district court shall not disclose, other than to a law enforcement agency or the licensee, a disposition in which the licensee was found to have committed a traffic infraction if that disposition precedes the request for disclosure by more than three years; provided that, if at the time of the request for disclosure, there is present in the licensee's record an outstanding traffic infraction, the disclosure shall not exceed the three years preceding the date of the oldest outstanding infraction; and provided further that the limitation on disclosure shall not apply to the record of any criminal conviction.

     (b)  The district court of each circuit shall also establish procedures for the accounting, control, and disposition of each traffic citation, notice, or summons used or issued, whether the use or issuance of the same is authorized by the court or by any other governmental agency under applicable laws or ordinances, which may include the keeping of an accurate citation, notice, or summons control ledger or form in a numerical, chronological, or other accountable manner."

     SECTION 2.  This Act does not affect rights and duties that matured before its effective date but shall apply to proceedings that were begun before its effective date but not concluded until after its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on October 1, 2008.

 

INTRODUCED BY:

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