STAND. COM. REP. NO. 1658

Honolulu, Hawaii

, 2025

RE: S.B. No. 1319

S.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1319, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IDENTIFICATION PROCESSING,"

begs leave to report as follows:

The purpose of this measure is to require that the Attorney General's identification system include criminal cases initiated via citations that resulted in conviction, deferred acceptance of guilty or nolo contendere plea, or conditional discharge, and that a court order identification processing in such cases.

Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Law Enforcement; Honolulu Police Department; and Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that this measure would significantly enhance the comprehensiveness and effectiveness of the State's criminal identification databases, addressing an important gap in the current system. Under existing law, only criminal history record information in cases initiated by arrest or penal summons are required and authorized to be collected by the Hawaii Criminal Justice Data Center. This fails to account for any misdemeanor, petty misdemeanor, or criminal violation level cases initiated by citation.

Your Committee further finds that law enforcement agencies within the State's criminal justice system routinely use and rely upon information collected by the Hawaii Criminal Justice Data Center for complete and accurate criminal history record information. Under existing law, officers have discretion to issue citations in lieu of arrest for non-felony offenses where the officer is reasonably satisfied that the person meets various factors. However, to assist in making that determination, officers are relying on this incomplete criminal history record information. This measure provides the statutory means to ensure that the criminal sentences for individuals issued citations are accurately processed and recorded for use by law enforcement agencies, thereby enhancing accuracy and reliability of criminal history record information.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1319, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair