REPORT TITLE: 
Expunge Minor's Arrest Record


DESCRIPTION:
Provides for expungement of a minor's record of a specific
arrest upon order issued by the family court.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2625
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO MINORS.



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

 1      SECTION 1.  Chapter 571, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§571-      Expungement orders.  (a)  Upon written
 
 5 application by the minor, or the minor's parent or guardian, the
 
 6 court may issue an order expunging the records of a minor with
 
 7 regard to a specific arrest in which:
 
 8      (1)  The minor was arrested pursuant to section 571-11(1) or
 
 9           (2);
 
10      (2)  The minor was not counseled and released by the police;
 
11           and
 
12      (3)  The matter was not referred to the prosecuting attorney
 
13           or family court.
 
14      (b)  Before issuance of an expungement order, the court
 
15 shall consult with appropriate law enforcement agencies to
 
16 determine if there is any reason to retain the arrest record.
 
17      (c)  Upon issuance of an expungement order, the court shall:
 
18      (1)  Forward copies of the expungement order to the police
 
19           and the department of the attorney general for
 
20           expungement of:
 

 
Page 2                                                     2625
                                     H.B. NO.           
                                                        
                                                        

 
 1           (A)  Fingerprints taken during the arrest and
 
 2                maintained under section 846-2.5(b); and
 
 3           (B)  Information concerning the arrest and maintained
 
 4                under chapter 846D;
 
 5           and
 
 6      (2)  Issue to the minor for whom the expungement order was
 
 7           issued, a certificate stating that the order has been
 
 8           issued and that its effect is to annul the record of a
 
 9           specific arrest.  The certificate shall authorize the
 
10           minor to state, in response to any question or inquiry,
 
11           whether or not under oath, that the minor has no record
 
12           regarding the specific arrest.  Such a statement shall
 
13           not make the minor subject to any action for perjury,
 
14           civil suit, discharge from employment, or any other
 
15           adverse action.
 
16      (d)  As used in this section:
 
17      "Arrest record" means any records maintained by the police
 
18 department and the department of the attorney general under
 
19 chapters 846 and 846D, relating to a specific incident in which a
 
20 minor is arrested.
 
21      "Expunge" means to segregate and keep confidential, or to
 
22 destroy according to agency policy."
 

 
 
 
Page 3                                                     2625
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  Section 571-72, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§571-72  Duties and powers; reports; expungement of
 
 4 juvenile arrest records.  (a)  The juvenile [crime prevention
 
 5 bureau] division or section shall direct its attention
 
 6 specifically to the suppression, prevention, and investigation of
 
 7 crimes committed by children under the age of eighteen years, and
 
 8 any police officer shall have the power and authority to take and
 
 9 detain any minor coming under section 571-11 at the [bureau]
 
10 division or section or other suitable places for questioning and
 
11 investigation.  If it appears upon conclusion of the
 
12 investigation that the minor does come within such provisions,
 
13 the minor may be counseled and released, and follow-up counseling
 
14 provided or the minor may be referred to the family court or to a
 
15 proper agency for treatment, and a written report of the findings
 
16 of the officer shall be submitted to the court or agency.
 
17      (b)  Upon receipt of an expungement order issued by the
 
18 family court under section 571-    , the police shall expunge the
 
19 arrest record of the minor."
 
20      SECTION 3.  Section 571-84, Hawaii Revised Statutes, is
 
21 amended by amending subsection (e) to read as follows:
 
22      "(e) The records of any police department, and of any
 
23 juvenile [crime prevention bureau] division or section thereof,
 

 
Page 4                                                     2625
                                     H.B. NO.           
                                                        
                                                        

 
 1 relating to any proceedings authorized under section 571-11 shall
 
 2 be confidential and shall be open to inspection and use only by
 
 3 persons whose official duties are concerned with this chapter,
 
 4 except as provided in subsections (d) and (f), section 571-    
 
 5 and 571-72(b), or as otherwise ordered by the court."
 
 6      SECTION 4.  Section 846D-1, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]§846D-1[]]  Responsibility for system.(a)  The
 
 9 department of the attorney general shall be responsible for the
 
10 collection, storage, dissemination, and analysis of all juvenile
 
11 justice custodial, adjudicative, and program data from all
 
12 agencies which have primary investigative, action, or program
 
13 responsibility for minors, including the county police
 
14 departments, the county prosecutors, the family courts, and the
 
15 Hawaii youth correctional facilities, in such a manner as to
 
16 balance the right of the public and press to be informed and the
 
17 right of privacy and confidentiality of minors and their
 
18 families, and to provide accurate, comprehensive, and timely
 
19 information to government agencies concerned with juvenile
 
20 offenders to carry out their responsibilities.
 
21      (b)  The information collected and stored in the juvenile
 
22 justice information system shall not include any fingerprints,
 
23 psychiatric reports, or social and clinical studies or
 

 
Page 5                                                     2625
                                     H.B. NO.           
                                                        
                                                        

 
 1 examinations, but may contain information indicating the
 
 2 availability of reports and the procedures for requesting such
 
 3 information.
 
 4      (c)  The attorney general shall develop the system and the
 
 5 procedures for reporting, inputting, accessing, and protecting
 
 6 the information and obtaining the agreement of agencies permitted
 
 7 to directly input and access information.
 
 8      (d)  The attorney general shall purge a minor's arrest
 
 9 record upon issuance of a family court order pursuant to section
 
10 571-    ."
 
11      SECTION 5.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 6. This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________