STAND. COM. REP. NO. 655-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2625
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 2625 entitled: 

     "A BILL FOR AN ACT RELATING TO MINORS,"

begs leave to report as follows:

     The purpose of this bill is to allow for the expungement of
arrest records of minors in cases in which:

     (1)  The minor was arrested pursuant to:

          (A)  Section 571-11(1), Hawaii Revised Statutes (HRS),
               as it pertains to acts committed prior to
               achieving eighteen years of age and that
               constitute a violation of any federal, state,
               local law, or municipal ordinance, or;

          (B)  Section 571-11(2), HRS, concerning a minor found
               within the circuit who is either:

               (i)  Beyond the control of the minor's parent or
                    custodian or whose behavior is injurious to
                    the minor's own or to others' welfare;

              (ii)  Is not attending school or receiving
                    educational services through the minor's own
                    misbehavior or nonattendance, or;

             (iii)  In violation of curfew;

 
 
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     (2)  The minor was not counseled and was released by the
          police; and

     (3)  The matter was not referred to the prosecuting attorney
          or the Family Court.

     The Honolulu Police Department testified in support of the
bill.  The Judiciary, the Department of the Attorney General, and
the Juvenile Justice Information Committee testified in support
of the bill but with proposed amendments.  The Office of Youth
Services supported the intent of the measure.  The Office of the
Public Defender commented on the bill.

     Your Committee finds that this bill will protect the rights
of unadjudicated minors by allowing the minor, or the minor's
parent or guardian, to request an expungement of the minor's
arrest record under the circumstances stated above.

     Your Committee has amended this bill by:

     (1)  Clarifying the definition of "expunge" as referring
          exclusively to the destruction of an item in accordance
          with agency policy; and

     (2)  Making technical, nonsubstantive amendments for
          purposes of style and clarity, and to conform to
          current statutes.

     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. 2625, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
2625, H.D. 1, and be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair