STAND. COM. REP. NO. 1289

Honolulu, Hawaii

, 2005

RE: S.B. No. 1796

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1796, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DISPOSITION OF CONVICTED DEFENDANTS,"

begs leave to report as follows:

The purpose of this bill is to allow persons sentenced for a first-time drug offense prior to the effective date of Act 161, Session Laws of Hawaii 2002 (Act 161) on July 1, 2002:

(1) To apply for re-sentencing, if the person demonstrates to a court a satisfactory record of drug treatment and drug abstinence and has no convictions between the date of the person's sentencing and the application for re-sentencing; and

(2) If granted re-sentencing under the new provision, to apply for expungement of the conviction and arrest records related to the first-time drug offense.

The Office of the Public Defender, Community Alliance on Prisons, Ilocos Surian Association of Hawaii, National Federation of Filipino American Associations-Hawaii Chapter, A Woman's Voice International, Filipino Coalition for Solidarity, Inc., Adult Friends for Youth, and numerous concerned individuals testified in support of this bill. The Office of the Lieutenant Governor, Department of the Attorney General, Department of the Prosecuting Attorney of the counties of Honolulu, Maui, and Kauai, and the High Intensity Drug Trafficking Area Task Force opposed this measure. A concerned individual offered comments.

Act 161 provides a mechanism, codified as section 706-622.5, Hawaii Revised Statutes, by which nonviolent, first-time drug offenders may be sentenced to probation to undergo substance abuse treatment in lieu of prison and made eligible for expungement of their criminal record for the relevant offense. This bill attempts to afford first-time drug offenders sentenced prior to the effective date of Act 161 an opportunity to apply for similar relief. However, your Committee finds that concerns have been raised about the practical application of this measure as written, including the application of the new re-sentencing provision as to offenders who have completed their sentences and are seeking expungement of their first-time drug convictions. This bill therefore merits further discussion.

Accordingly, your Committee has amended this bill by:

(1) Removing the re-sentencing provision and providing instead that first-time drug offenders who meet all the requirements of Act 161 may apply for expungement of their related conviction and arrest records;

(2) Applying the new expungement provision to first-time drug offenders sentenced prior to July 1, 2004, instead of July 1, 2002, in consideration of amendments made to Act 161 subsequent to its effective date;

(3) Specifying that an offender previously granted an expungement for a first-time drug offense is not eligible for the new expungement provision proposed by this measure;

(4) Removing language that:

(A) Applies this bill's provisions retroactively to July 1, 2002; and

(B) Repeals this bill's provisions on December 31, 2006;

and

(5) Changing the effective date to January 1, 2020, to encourage further discussion.

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 S.B. No. 1796, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1796, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair