Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1022 entitled:

begs leave to report as follows:

The purpose of this bill is to allow adults to expunge their juvenile arrest records if they were counseled and released following their arrest as a juvenile.

Your Committee received testimony in support of the measure from the Department of the Attorney General, the Office of the Public Defender, the Juvenile Justice Information Committee, and the Honolulu Police Department.

Your Committee finds that this measure will enable all persons who were arrested as juveniles but whose cases were not referred to the prosecuting attorney or the family court to expunge their juvenile records. A juvenile must admit guilt to be eligible for counseling and release and this "first strike" must remain on the record until the juvenile becomes an adult. However, for the record to remain permanently may unfairly impact the person and in addition may incline a juvenile to take the case through the justice system hoping to have the case dismissed.

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. 1022 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.