THE SENATE

S.B. NO.

1536

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to traffic records.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 291D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291D- Expunging traffic records of victims of identity theft. (a) The court may issue an order expunging a person's traffic records, including a notice of traffic infraction, an arrest record, or other orders issued by the court under this chapter, upon written application by the person or, if the person is a minor, the minor's parent or guardian, provided the traffic record meets the following criteria:

(1) The record is in the name of the applicant;

(2) The record was created through a moving violation committed by someone other than the applicant;

(3) The person who committed the moving violation gave a false name or other information to the officer who issued the notice of infraction pursuant to section 291D-5, which resulted in the record being created in the applicant's name rather than in the name of the person who committed the moving violation; and

(4) The applicant submits evidence indicating that the record was created in the name of the applicant in error.

(b) Upon issuance of an expungement order under this section, the court shall:

(1) Forward copies of the expungement order to the violations bureaus of the district courts and of the circuit courts, the director of transportation, and the department of the attorney general for expungement of the record from the applicant's driver's license record and motor vehicle's record on the statewide traffic records system established pursuant to section 286-171; and

(2) Issue to the applicant a certificate stating that an expungement order was issued and that its effect is to annul the record of one or more specific traffic records. The certificate shall:

(A) Authorize the applicant to state, in response to any question or inquiry, whether or not under oath, that the applicant has no record regarding the specific traffic records; and

(B) State that the applicant shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for making any statement authorized by the certificate.

(c) A person whose traffic record has been expunged under this section shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for responding to any question or inquiry, whether or not under oath, that the person has no record regarding the specific traffic record expunged.

(d) As used in this section:

"Applicant" means the person who is applying for the order of expungement, or, if the person is a minor and the application is made by the minor's parent or guardian, then the minor.

"Expunge" means a process defined by agency policy in which records are destroyed.

"Traffic record" means any record maintained by the violations bureaus of the district courts and of the circuit courts or by the director of transportation on the statewide traffic records system established pursuant to section 286-171."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


Report Title:

Traffic Records; Identity Theft; Expungement

 

Description:

Authorizes the court to expunge traffic records for moving violations that were created under the wrong person's name when the person responsible for the record gave false information to the officer issuing the notice of violation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.