REPORT TITLE:
Minors


DESCRIPTION:
Permits court in certain cases to waive jurisdiction of other
felony charges arising from the same episode to which the minor
was waived.  Provides for public inspection of a minor's legal
records if the proceeding or case involves an act resulting in
the death of a victim.  Provides for expungement of records
procedures for minor who was taken into custody but not
adjudicated.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1485
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MINORS.
 


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

 1      SECTION 1.  Chapter 571, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to Part VIII to be appropriately
 
 3 designated and to read as follows:
 
 4      "§571-    Expungement orders.  (a)  Notwithstanding any
 
 5 other law to the contrary, the administrative judge of the family
 
 6 court or the judge's designee, upon written application from a
 
 7 person age seventeen years or older who was taken into custody,
 
 8 but not adjudicated of a crime, may issue an expungement order
 
 9 annulling, canceling, and rescinding the record of arrest;
 
10 provided that an expungement order shall not be issued under
 
11 situations provided under section 571-84.6.
 
12      Any person entitled to an expungement order may by written
 
13 application also request return of all fingerprints or
 
14 photographs taken in connection with the person's arrest.  The
 
15 administrative judge of the family court or the judge's designee
 
16 shall, within one hundred twenty days after receipt of the
 
17 written application, when so requested, deliver, or cause to be
 
18 delivered, all fingerprints or photographs of the person, unless
 
19 the person has a record of adjudication or is a fugitive from
 

 
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 1 justice, in which case the photographs or fingerprints may be
 
 2 retained by the agencies holding such records.
 
 3      (b)  Upon the issuance of the expungement certificate, the
 
 4 person applying for the order shall be treated as not having been
 
 5 arrested in all respects not otherwise provided for in this
 
 6 section.
 
 7      (c)  Upon the issuance of the expungement order, all arrest
 
 8 records pertaining to the arrest which are in the custody or
 
 9 control of any law enforcement agency of the State or any county
 
10 government, and which are capable of being forwarded to the court
 
11 without affecting other records not pertaining to the arrest,
 
12 shall be so forwarded for placement of the arrest records in a
 
13 confidential file.
 
14      (d)  Records filed under subsection (c) shall not be
 
15 divulged except upon inquiry by:
 
16      (1)  A court of law or an agency which is preparing a
 
17           presentence investigation for the court;
 
18      (2)  An agency of the federal or state government which is
 
19           considering the subject person for a position
 
20           immediately and directly affecting the national or
 
21           state security; or
 
22      (3)  A law enforcement agency acting within the scope of
 
23           their duties.
 

 
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 1 Response to any other inquiry shall not be different from
 
 2 responses made about persons who have no arrest records.
 
 3      (e)  The administrative court judge of the family court or
 
 4 the judge's designee shall issue to the person for whom an
 
 5 expungement order has been entered, a certificate stating that
 
 6 the order has been issued and that its effect is to annul the
 
 7 record of a specific arrest.  The certificate shall authorize the
 
 8 person to state, in response to any question or inquiry, whether
 
 9 or not under oath, that the person has no record regarding the
 
10 specific arrest.  Such a statement shall not make the person
 
11 subject to any action for perjury, civil suit, discharge from
 
12 employment, or any other adverse action.
 
13      (f)  Nothing in this section shall affect the compilation of
 
14 crime statistics or information stored or disseminated as
 
15 provided in chapter 846."
 
16      SECTION 2.  Section 571-22, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§571-22  Waiver of jurisdiction; transfer to other courts.
 
19 (a)  The court may waive jurisdiction and order a minor or adult
 
20 held for criminal proceedings after full investigation and
 
21 hearing where the person during the person's minority, but on or
 
22 after the person's sixteenth birthday, is alleged to have
 
23 committed an act that would constitute a felony if committed by
 

 
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 1 an adult, and the court finds that:
 
 2      (1)  There is no evidence the person is committable to an
 
 3           institution for the mentally defective or retarded or
 
 4           the mentally ill;
 
 5      (2)  The person is not treatable in any available
 
 6           institution or facility within the State designed for
 
 7           the care and treatment of children; or
 
 8      (3)  The safety of the community requires that the person be
 
 9           subject to judicial restraint for a period extending
 
10           beyond the person's minority. 
 
11      (b)  The court may waive jurisdiction and order a minor or
 
12 adult held for criminal proceedings if, [incident to a] after a
 
13 full investigation and hearing, the court finds that:
 
14      (1)  The person during the person's minority, but on or
 
15           after the person's fourteenth birthday, is alleged to
 
16           have committed an act that would constitute a felony if
 
17           committed by an adult and either:
 
18           (A)  The act resulted in serious bodily injury to a
 
19                victim;
 
20           (B)  The act would constitute a class A felony if
 
21                committed by an adult; or
 
22           (C)  The person has more than one prior adjudication
 
23                for acts [which] that would constitute felonies if
 

 
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 1                committed by an adult; and
 
 2      (2)  There is no evidence the person is committable to an
 
 3           institution for the mentally defective or retarded or
 
 4           the mentally ill.
 
 5      (c)  The factors to be considered in deciding whether
 
 6 jurisdiction should be waived under subsection (a) or (b) are as
 
 7 follows:
 
 8      (1)  The seriousness of the alleged offense;
 
 9      (2)  Whether the alleged offense was committed in an
 
10           aggressive, violent, premeditated, or wilful manner;
 
11      (3)  Whether the alleged offense was against persons or
 
12           against property, greater weight being given to
 
13           offenses against persons, especially if personal injury
 
14           resulted;
 
15      (4)  The desirability of trial and disposition of the entire
 
16           offense in one court when the minor's associates in the
 
17           alleged offense are adults who will be charged with a
 
18           crime;
 
19      (5)  The sophistication and maturity of the minor as
 
20           determined by consideration of the minor's home,
 
21           environmental situation, emotional attitude, and
 
22           pattern of living;
 
23      (6)  The record and previous history of the minor, including
 

 
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 1           previous contacts with the family court, other law
 
 2           enforcement agencies, courts in other jurisdictions,
 
 3           prior periods of probation to the family court, or
 
 4           prior commitments to juvenile institutions;
 
 5      (7)  The prospects for adequate protection of the public and
 
 6           the likelihood of reasonable rehabilitation of the
 
 7           minor (if the minor is found to have committed the
 
 8           alleged offense) by the use of procedures, services,
 
 9           and facilities currently available to the family court;
 
10           and
 
11      (8)  All other relevant matters.
 
12      (d)  The court may waive jurisdiction and order a minor or
 
13 adult held for criminal proceedings if, [incident to a] after a
 
14 full investigation and hearing, the court finds that:
 
15      (1)  The person during the person's minority is alleged to
 
16           have committed an act that would constitute murder in
 
17           the first degree or second degree or attempted murder
 
18           in the first degree or second degree if committed by an
 
19           adult; and
 
20      (2)  There is no evidence the person is committable to an
 
21           institution for the mentally defective or retarded or
 
22           the mentally ill.
 
23      (e)  Transfer of a minor for criminal proceedings terminates
 

 
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 1 the jurisdiction of the court over the minor with respect to any
 
 2 subsequent acts that would otherwise be within the court's
 
 3 jurisdiction under section 571-11(1) and thereby confers
 
 4 jurisdiction over the minor to a court of competent criminal
 
 5 jurisdiction.  
 
 6      (f)  If criminal proceedings instituted under subsection
 
 7 (a), (b), or (d) result in an acquittal or other discharge of the
 
 8 minor involved, no petition shall be filed thereafter in any
 
 9 family court based on the same facts as were alleged in the
 
10 criminal proceeding.
 
11      (g)  A minor shall not be subject to criminal prosecution
 
12 based on the facts giving rise to a petition filed under this
 
13 chapter, except as otherwise provided in this chapter.
 
14      (h)  Where the petition has been filed in a circuit other
 
15 than the minor's residence, the judge, in the judge's discretion,
 
16 may transfer the case to the family court of the circuit of the
 
17 minor's residence.
 
18      (i)  When a petition is filed bringing a minor before the
 
19 court under section 571-11(1) and (2), and the minor resides
 
20 outside of the circuit, but within the State, the court, after a
 
21 finding as to the allegations in the petition, may certify the
 
22 case for disposition to the family court having jurisdiction
 
23 where the minor resides.  Thereupon, the court shall accept the
 

 
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 1 case and may dispose of the case as if the petition was
 
 2 originally filed in that court.  Whenever a case is so certified,
 
 3 the certifying court shall forward to the receiving court
 
 4 certified copies of all pertinent legal and social records.
 
 5      (j)  If the court waives jurisdiction pursuant to subsection
 
 6 (b) or (d), the court also may waive its jurisdiction with
 
 7 respect to any other felony charges arising from the same episode
 
 8 to the charge for which the minor was waived."
 
 9      SECTION 3.  Section 571-84, Hawaii Revised Statutes, is
 
10 amended by amending subsection (e) to read as follows:
 
11      "(e)  The records of any police department, and of any
 
12 juvenile crime prevention bureau thereof, relating to any
 
13 proceedings authorized under section 571-11 shall be confidential
 
14 and shall be open to inspection and use only by persons whose
 
15 official duties are concerned with this chapter, except as
 
16 provided in subsections (d)[,] and (f)[, and (j)] or as otherwise
 
17 ordered by the court."
 
18      SECTION 4.  Section 571-84.6, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]§571-84.6[]  Juvenile] Minor law violators; proceedings
 
21 and records not confidential.(a)  As used in this section:
 
22      "Legal record" means petitions, complaints, motions, and
 
23 other papers filed in any case; transcripts of testimony taken by
 

 
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 1 the court; and findings, judgments, orders, decrees, and other
 
 2 papers and adjudication data, other than social records, filed in
 
 3 proceedings before the court.
 
 4      "Social record" means those social and clinical studies,
 
 5 reports, or examinations prepared in any case pursuant to this
 
 6 chapter.
 
 7      (b)  Notwithstanding any other law to the contrary, in any
 
 8 proceeding in which a minor age fourteen years of age or older
 
 9 has been adjudicated by the court under section 571-11(1) for an
 
10 act that[,] if committed by an adult would:
 
11      (1)  Be murder in the first degree or second degree or
 
12           attempted murder in the first degree;
 
13      (2)  Result in serious bodily injury to or death of a
 
14           victim;
 
15      (3)  Be a class A felony; or
 
16      (4)  Be a felony and the minor has more than one prior
 
17           adjudication for acts [which] that would constitute
 
18           felonies if committed by an adult[;],
 
19 all legal records related to the above stated proceeding shall be
 
20 open for public inspection, unless the administrative judge of
 
21 the family court or the judge's designee finds in writing that
 
22 there are significant and compelling circumstances peculiar to
 
23 the case of such a nature that public inspection would be
 

 
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 1 inconsistent with or defeat the express purpose of this section.
 
 2 All social records shall be kept confidential except as provided
 
 3 in section 571-84.
 
 4      (c)  Notwithstanding any other law to the contrary, in any
 
 5 case in which a minor age sixteen years of age or older comes
 
 6 within section 571-11(1) is taken into custody for an act that[,]
 
 7 if committed by an adult would:
 
 8      (1)  Be murder in the first degree or second degree or
 
 9           attempted murder in the first degree;
 
10      (2)  Result in serious bodily injury to or death of a
 
11           victim;
 
12      (3)  Be a class A felony and the minor has one or more prior
 
13           adjudications for an act [which] that would constitute
 
14           a felony if committed by an adult; [and] or
 
15      (4)  Be a class B or C felony and the minor has more than
 
16           one prior adjudication for acts [which] that would
 
17           constitute felonies if committed by an adult[;],
 
18 all legal proceedings related to the above stated case shall be
 
19 open to the public unless the administrative judge of the family
 
20 court or the judge's designee finds in writing that there are
 
21 significant and compelling circumstances peculiar to the case of
 
22 such a nature that an open proceeding would be inconsistent with
 
23 or defeat the express purpose of this section."
 

 
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 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.