Hawaii 2022 Regular Session

Hawaii Senate Bill SB391

Introduced
1/22/21  
Refer
1/25/21  
Report Pass
2/16/21  

Caption

Relating To Expungement.

Impact

If enacted, this bill could lead to significant changes in how the legal system addresses individuals with records tied to their homelessness. It establishes a clearer framework for expungement, thereby enabling those previously implicated in minor offenses related to their circumstances to restore their legal standing. This process could ultimately lead to improved social outcomes, such as increased employment opportunities and better integration into society for those seeking to move past their past legal troubles.

Summary

Senate Bill 391 aims to amend the Hawaii Revised Statutes by allowing individuals to apply for expungement of certain offenses that are substantially related to their homelessness status. This legislative initiative focuses specifically on non-felony offenses that do not involve bodily harm, granting individuals a pathway to erase records associated with citations and arrests. The bill reflects a growing recognition of the challenges faced by homeless individuals within the judicial system and underscores the importance of addressing these issues from a rehabilitative perspective.

Sentiment

The overall sentiment surrounding SB 391 appears to be positive among advocates for homeless individuals and social justice. Supporters argue that it reflects a compassionate approach to societal issues, aiming to support reintegration rather than penalization. However, there are potential criticisms about the implications of expunging records, particularly concerns from those who may perceive the legislation as minimizing accountability for unlawful behavior.

Contention

Notable points of contention include discussions on the criteria for which offenses could be expunged and the potential for various interpretations of what constitutes being 'substantially related' to homelessness. There may be debates concerning whether such legislation could inadvertently enable repeated offenses without facing appropriate consequences. Additionally, ensuring appropriate mental health and financial counseling for applicants could be a critical point of discussion, as the bill ties expungement eligibility to an individual's willingness to seek help.

Companion Bills

HI HB202

Same As Relating To Expungement.

Previously Filed As

HI HB1595

Relating To Expungement.

HI SB2689

Relating To Expungement.

HI HB301

Relating To Expungement.

HI SB2007

Relating To The Expungement Of Criminal Records.

HI SB1168

Relating To Expungement Of Criminal Records.

HI SB2522

Relating To Expungement.

HI HB2513

Relating To Expungement.

HI SB2706

Relating To Expungement Of Criminal Records.

HI HB1663

Relating To Expungement Of Criminal Records.

HI HB237

Relating To Cannabis.

Similar Bills

HI HB202

Relating To Expungement.

CA AB790

Homelessness: single women with children.

CA AB3269

State and local agencies: homelessness plan.

HI HB1248

Relating To Mental Health.

CA AB816

Homelessness: Housing Trust Fund: housing projects.

CA AB166

Housing.

CA SB166

Housing.

CA AR46

Relative to homeless service providers.