STAND. COM. REP. NO. 587

Honolulu, Hawaii

RE: S.B. No. 952

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Technology and Government Operations, to which was referred S.B. No. 952 entitled:

"A BILL FOR AN ACT RELATING TO PARDONS,"

beg leave to report as follows:

The purpose and intent of this measure is to require the Office of the Governor to provide information concerning approved applications for pardons to the Hawaii Criminal Justice Data Center for public access through public internet.

Your Committees received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu. Your Committees received comments on this measure from the Department of the Attorney General.

Your Committees find that individuals who have been convicted of a crime in the State of Hawaii may apply for a gubernatorial pardon. It is important to note that a pardon is not a right, but an exceptional privilege, which only the Governor has the power to grant to people who have demonstrated exemplary behavior following their conviction. Your Committees further find that information regarding pardons should be available to the public.

Your Committees have amended this measure by:

(1) Deleting language that would have required the Hawaii Criminal Justice Data Center to make public, via internet access, all records pertaining to applications for pardons provided by the Governor;

(2) Deleting language that would have required the Office of the Governor to provide information concerning all approved pardons to the Hawaii Criminal Justice Data Center for public dissemination;

(3) Requiring the Governor to provide public notice when the Governor decides to not refer an application for pardon to the Director of Public Safety and the Hawaii Paroling Authority, and in such situations require the Governor to wait fourteen days before granting or refusing the pardon application;

(4) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Technology and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 952, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 952, S.D. 1, and be referred to your Committee on Public Safety, Intergovernmental, and Military Affairs.

Respectfully submitted on behalf of the members of the Committees on Technology and Government Operations,

________________________________ LAURA H. THIELEN, Chair

________________________________ JARRETT KEOHOKALOLE, Chair