STAND. COM. REP. NO. 2589

Honolulu, Hawaii

RE: S.B. No. 2742

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2742 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD INFORMATION,"

begs leave to report as follows:

The purpose and intent of this measure is to resolve inconsistencies in the processing of expungements and public dissemination of criminal history record information related to cases in which the defendant is acquitted or charges are dismissed by reason of physical or mental disease, disorder, or defect or the defendant is involuntarily hospitalized.

Your Committee received testimony in support of this measure from the Department of the Attorney General.

Your Committee finds that the Hawaii Criminal Justice Data Center is responsible for the collection, storage, and dissemination of criminal history record information in such a manner as to balance the right of the public and press to be informed, the right to privacy of individuals, and the responsibility of law enforcement agencies to prevent crimes and detect and apprehend criminals. This measure will resolve inconsistencies in existing law governing the retention and dissemination of criminal history record information in cases in which a person has been acquitted or charges have been dismissed by reason of physical or mental disease, disorder, or defect, or when the person has been involuntarily hospitalized.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2035, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 2742, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2742, S.D. 1, and be placed on the calendar for Third Reading.

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

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BRIAN T. TANIGUCHI, Chair