Report Title:

First-time Drug Offenses; Re-Sentencing; Other Minor Offenses; Expungement

Description:

Amends Act 161, Session Laws of Hawaii 2002 by providing convictions prior to Act 161 to be re-sentenced, allows other convictions associated with the drug offense to be expunged, and allows expungement of the conviction of the drug offense. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1004

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

PROPOSED

S.D. 1


 

A BILL FOR AN ACT

 

relating to disposition of convicted defendants.

 

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

SECTION 1. Act 161, Session Laws of Hawaii 2002, is amended by adding a new section to read as follows:

"SECTION    . This Act shall:

(1) Allow a person sentenced for a first-time drug offense prior to July 1, 2002 to apply for re-sentencing under this provision, provided that the person is able to demonstrate to the court a satisfactory record of drug treatment and drug abstinence; and

(2) Allow a person re-sentenced under paragraph (1), to expunge convictions associated with the first-time drug offense."

SECTION 2. Section 706-622.5, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

"(4) The court, upon written application from a person sentenced under this part, shall issue a court order to expunge the [record of arrest for that particular] conviction; provided that a person shall be eligible for one time only for expungement under this subsection."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval; provided that sections 1 and 2 shall be repealed on December 31, 2004 and:

(1) Section 1 shall take effect retroactive to July 1, 2002; and

(2) Section 707-622.5(4), Hawaii Revised Statutes, is reenacted in the form in which it read the day before the effective date of this Act.