Report Title:
First-Time Drug Offenses; Expungement
Description:
Allows a person sentenced for a first-time drug offense prior to 7/01/02, who has a satisfactory record of drug treatment and abstinence and a record free of any criminal conviction to apply for re-sentencing and expungement of related arrest and conviction records. (CD1)
THE SENATE |
S.B. NO. |
1796 |
TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
|
STATE OF HAWAII |
H.D. 1 |
|
|
C.D. 1 |
A BILL FOR AN ACT
RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 161, Session Laws of Hawaii 2002, is amended by adding a new section to read as follows:
"SECTION . A person sentenced for a first-time drug offense prior to July 1, 2002:
(1) May apply for re-sentencing provided that the person is able to demonstrate to the court a satisfactory record of drug treatment and drug abstinence, and a record free of any criminal conviction from the date of the person's sentencing for the first time drug offense to the date of the application for re-sentencing; and
(2) Upon re-sentencing, may apply to the court for expungement of the related conviction and arrest records.
Any person previously granted an expungement of a first-time drug offense shall not be eligible for another expungement under this provision."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval; provided that section 1 shall take effect retroactive to July 1, 2002, and shall be repealed on December 31, 2006.