STAND. COM. REP. NO. 2444

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2629
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2629 entitled:

     "A BILL FOR AN ACT RELATING TO DRUGS,"

begs leave to report as follows:

     The purpose of this bill is to remove the option to allow a
conditional discharge and expunging of court records in a case
where a person does not have a previous drug conviction.

     Specifically, this bill repeals sections 712-1255 and
712-1256, Hawaii Revised Statutes.  The former section now allows
the court to defer proceedings and place the accused on probation
without entering a judgment of guilty if the person who pleads
guilty or is found guilty of promoting a dangerous, harmful, or
detrimental drug, or intoxicating compound does not have a prior
drug conviction.  The latter section now allows that discharged
person, if not over age twenty, to apply to have all official
records expunged of facts relating to the person's arrest,
indictment, trial, finding of guilt, and dismissal and discharge.
The bill also makes conforming amendments to sections 353G-4(a)
and 706-644(1), Hawaii Revised Statutes.

     Your Committee received testimony from the Honolulu Police
Department, the Department of the Prosecuting Attorney of the
City and County of Honolulu, and the Maui County Office of the

 
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                                   STAND. COM. REP. NO. 2444
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Prosecuting Attorney in support of the bill.  The Office of the
Public Defender submitted testimony in opposition.

     Your Committee believes that the conditional discharge
allowed in section 712-1255, Hawaii Revised Statutes, is
overbroad and may be applied to career criminals and recidivists.
Under the current statute, and unlike the deferred acceptance of
guilty pleas permitted under chapter 853, Hawaii Revised
Statutes, persons with multiple felony convictions -- as long as
they are not drug-related -- are eligible for a conditional
discharge.  Your Committee does not believe this is the original
intent of the law.  Your Committee further believes that the
operation of chapter 853, Hawaii Revised Statutes, is more
appropriate.

     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.
2629 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,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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