Bill Text: HI SB1079 | 2023 | Regular Session | Amended


Bill Title: Relating To Expungement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2023-07-07 - Vetoed on 07-07-23 - Returned from the Governor without approval (Gov. Msg. No. 1364). [SB1079 Detail]

Download: Hawaii-2023-SB1079-Amended.html

THE SENATE

S.B. NO.

1079

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EXPUNGEMENT.

 

 

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

 


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

     "§291E-    First-time offender of operating a vehicle after consuming a measurable amount of alcohol for persons under the age of twenty-one years prior to 1998; expungement.  A person sentenced prior to July 1, 1998, for a first-time offense of operating a vehicle after consuming a measurable amount of alcohol while under the age of twenty-one years, pursuant to section 291E-64, and who otherwise meets all the requirements of section 291E-64, may apply to the court for expungement of the record of conviction for the offense.  The court shall issue a court order to expunge the record of conviction for the offense; provided that the person has fulfilled the terms of the sentence imposed by the court.  A person granted an expungement of conviction under this section shall not be eligible for another expungement of conviction under this section or section 291E-64."

     SECTION 2.  Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§706-    First-time property offender prior to 1998; probation; expungement.  A person sentenced prior to July 1, 1998, for a first-time property offense, pursuant to section 706-622.9, and who otherwise meets all the requirements of section 706-622.9, may apply to the court for expungement of the record of conviction for the property offense.  The court shall issue a court order to expunge the record of conviction for the property offense; provided that the person has fulfilled the terms of the sentence imposed by the court.  A person granted an expungement of conviction under this section shall not be eligible for another expungement of conviction under this section or section 706-622.9."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on March 22, 2075.


 


 

Report Title:

Expungement; Operating a Vehicle After Consuming a Measurable Amount of Alcohol; Property Offenses; Judiciary

 

Description:

Requires courts to, upon written request, expunge records of convictions for:  (1) operating a vehicle after consuming a measurable amount of alcohol while under the age of twenty-one years; and (2) certain property offenses, if the sentencing occurred prior to 1998.  Takes effect 3/22/2075.  (SD1)

 

 

 

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

 

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