Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1804 entitled:

begs leave to report as follows:

The purpose of this measure is to make clarifying amendments to recently enacted law relating to orders expunging certain juvenile arrest records, and to require the court to consult with the prosecuting attorney of the appropriate circuit before issuing the order.

Testimony in support of this measure was received from the Attorney General, Juvenile Justice Information Committee, and the Honolulu Prosecuting Attorney.

Section 571-88, Hawaii Revised Statutes, which was enacted in 2001, allows the family court to expunge a juvenile arrest record if the matter was not referred to the court or the prosecuting attorney, or if referred, the arrested juvenile was not adjudicated responsible or the matter was dismissed. The law required the court to consult with appropriate law enforcement agencies, and provided a separate procedure for adults seeking to expunge their juvenile arrest records.

This measure deletes the separate procedure for adults, combining it with the procedure for the minor or the minor's parent or guardian, and requires the court to consult with the prosecuting attorney of the appropriate circuit before issuing an order expunging the arrest record.

Your Committee is informed of the concerns expressed by the Committee on Health and Human Services. Your Committee believes, however, that this measure and the expungement law should be given time to be effectuated and its results studied before it is expanded to cover juvenile arrest records that do not now meet the existing criteria.

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 H.B. No. 1804, and recommends that it pass Third Reading.