CONFERENCE COMMITTEE REP. NO. 39
Honolulu, Hawaii
, 2005
RE: S.B. No. 1796
S.D. 1
H.D. 1
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1796, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to allow a person sentenced for a first-time drug offense prior to July 1, 2004 and who meets the requirements of Act 161, Session Laws of Hawaii 2002, to apply to a court for the expungement of the related arrest and conviction records.
Your Committee on Conference has amended this measure by:
(1) Clarifying that a person sentenced for a first-time drug offense prior to July 1, 2002 is eligible to apply for re-sentencing provided that the person is able to demonstrate to the court a satisfactory record of drug treatment and abstinence and no intervening criminal convictions between the date of the person's sentencing for a first-time drug offense and the application for re-sentencing; and
(2) Changing the effective date of this measure to take effect upon its approval, provided that the resentencing provision shall apply retroactively to July 1, 2002 and shall be repealed on December 31, 2006.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1796, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1796, S.D. 1, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ SYLVIA LUKE, Chair |
____________________________ COLLEEN HANABUSA, Chair |
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