Bill Text: HI SB1363 | 2023 | Regular Session | Introduced
Bill Title: Relating To Expunging Juvenile Records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to JDC. [SB1363 Detail]
Download: Hawaii-2023-SB1363-Introduced.html
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THE SENATE |
S.B. NO. |
1363 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXPUNGING JUVENILE RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-88, Hawaii Revised Statutes, is amended to read as follows:
(1) By amending subsection (a) to read as follows:
"(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:
(1) The matter was not referred to the prosecuting attorney or the family court and:
(A) The person was not counseled and released by the police; or
(B) The person was counseled and released by the police and the person has become an adult; or
(C) The person has completed a diversion
program that the person was referred to by the arresting law enforcement
agency, and the person is 16 years of age or older and without an arrest for
one year prior to application; or
(2) The
matter was referred to the prosecuting attorney or family court and:
(A) The person was not adjudicated responsible by the court; or
(B) The matter was dismissed with prejudice."
(2) By amending subsection (e) to read as follows:
"(e) As used in this section:
"Arrest record" means any record
maintained by a county police department or the department of the attorney
general under chapters 846 and 846D, relating to the arrest of the minor for a
specific offense, including fingerprints taken during the arrest and maintained
under section 846-2.5(b).
"Diversion program" means a
program delivering an intervention approach that redirects a minor away from
formal processing in the juvenile justice system while still holding the minor
accountable for the minor's actions, and with the goal to remove the minor as
early as possible from the juvenile justice process to avoid later negative
outcomes.
"Expunge" means a process defined
by agency policy in which records are segregated and kept confidential, or
destroyed."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Expungement of Juvenile Arrest Records; Diversion Program
Description:
Adds additional circumstances in which family courts may expunge juvenile arrest records.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
