|
HOUSE OF REPRESENTATIVES |
H.R. NO. |
48 |
|
TWENTY-SECOND LEGISLATURE, 2003 |
||
|
STATE OF HAWAII |
||
requesting the family court of the first circuit to evaluate the sentencing of children in the district court of the first circuit involving violations of traffic laws or ordinances.
WHEREAS, it is the policy of the Family Court system to foster the rehabilitation of juveniles in difficulty, render appropriate punishment for offenders, and reduce juvenile delinquency; and
WHEREAS, according to law, the family court division of the circuit courts shall conduct all proceedings to the end that no adjudication by the court of the status of any child under Chapter 571, Hawaii Revised Statutes (HRS) shall:
(1) Be deemed a conviction;
(2) Impose any civil disability ordinarily resulting from conviction; and
(3) Find the child guilty or deem the child a criminal by reason of such adjudication; and
WHEREAS, a family court judge may confer concurrent jurisdiction on a district court to hear and dispose of cases involving violation of traffic laws or ordinances by children ; provided that the exercise of the district court's jurisdiction over children shall be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court; and
WHEREAS, currently, the treatment of children in the District Court of the First Circuit involving cases of violation of traffic laws or ordinances have resulted in convictions and imposition of civil liabilities; and
WHEREAS, currently, children sentenced in the District Court of the First Circuit in cases involving violations of traffic laws or ordinances:
(1) Have resulted in the use of deferred acceptance of no contest and guilty pleas, imposition of SR22 penalties, and other sentences and civil liabilities imposed on adults;
(2) Are not afforded the ability to admit or deny responsibility, request dismissal in the interest of justice, and must enter pleas of guilty or not guilty; and
(3) Are sentenced as adults without the pre-requisite waivers of jurisdiction; now, therefore
BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, that the Family Court of the First Circuit evaluate the adjudication of children in the District Court of the First Circuit in cases involving violations of traffic laws or ordinances; and
BE IT FURTHER RESOLVED that the Family Court of the First Circuit ensure that the treatment of children by the District Court of the First Circuit is in accordance with section 571-41(f) and all provisions contained in Chapter 571, HRS; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, the Administrative Judge, Family Court of the First Circuit, and the Administrative Judge, District Court of the First Circuit.
|
OFFERED BY: |
_____________________________ |
|
Report Title:
Requesting the Family Court of the First Circuit to evaluate the treatment of children involving traffic cases