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take effect upon its approval; provided that section 1 shall take effect retroactive to July 1, 2002, and shall be repealed on December 31, 2006.