Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 65 entitled:

begs leave to report as follows:

The purpose of the bill as received by your Committee is to bar the offense of assault in the third degree involving a family or household member from receiving the benefits of a deferred acceptance of guilty (DAG) or no contest (DANC) plea.

For purposes of facilitating review and comment, your Committee circulated a proposed H.D. 1 version of this bill prior to public hearing. The proposed H.D. 1 will ensure that criminal history record information is captured for all defendants who have been prosecuted and convicted via penal summons complaint.

The Honolulu Police Department supported the original measure. Your Committee received testimony in support of the proposed H.D. 1 from the Department of the Attorney General. Your Committee received revised testimony in support from the Hawaii Rifle Association and Lessons in Firearms Education (LIFE). The Judiciary and the Office of the Public Defender took no position on the proposed H.D. 1 but provided further comments.

Your Committee has amended the bill by deleting the contents and substituting provisions that require persons to whom penal summonses have been issued for a criminal offense and who have been convicted, granted a deferred plea, or granted a conditional discharge to undergo identification processing for criminal history records.

Your Committee finds that currently adults who have been prosecuted via penal summons complaint are not subject to identification processing unless, after conviction, they are ordered by the court to appear for processing, or they comply with a request to do so. Your Committee finds that requiring such persons to appear for identification processing upon conviction or the granting of a DAG or DANC plea will help maintain accurate criminal history records and help ensure public safety.

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 S.B. No. 65, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 65, H.D. 1, and be placed on the calendar for Third Reading.