Hawaii 2025 Regular Session

Hawaii House Bill HB145 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HOUSE OF REPRESENTATIVES H.B. NO. 145 THIRTY-THIRD LEGISLATURE, 2025 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO EXPUNGEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 145 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to expungement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		HOUSE OF REPRESENTATIVES H.B. NO. 145
4		-	THIRTY-THIRD LEGISLATURE, 2025 ~~H.D. 1~~
	4	+	THIRTY-THIRD LEGISLATURE, 2025
5	5		STATE OF HAWAII
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7	7		HOUSE OF REPRESENTATIVES
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9	9		H.B. NO.
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11	11		145
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13	13		THIRTY-THIRD LEGISLATURE, 2025
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15		-	~~H.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		relating to expungement.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. The legislature finds that Act 159, Session Laws of Hawaii 2023 (Act 159), requires the court to automatically seal or remove from the judiciary's publicly accessible databases any information relevant to the arrest or case of a person for whom an expungement order has been entered and transmitted to the court by July 1, 2025. The legislature further finds that the court is currently unable to effectuate Act 159 because the Hawaii criminal justice data center is not statutorily authorized to release the expungement orders to the judiciary. Accordingly, the purpose of this Act is to provide the Hawaii criminal justice data center with the statutory authority to transmit all expungement orders to the judiciary. SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows: "(f) Every expungement order ~~with a court case number~~ issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this ~~section~~. The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case of any person for whom an expungement order listing the court case number ~~and arrest number associated with the offense~~ has been entered and transmitted to the court[.]; provided that the court's duties under this subsection shall not apply to any case referenced in the expungement order where the person for whom the order has been entered: (1) Was charged with multiple offenses at least one of which is not the subject of the order; or (2) Is only one of multiple defendants in the case at least one of whom has not been the subject of a prior expungement order. The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time." SECTION 3. ~~Statutory material to be repealed is bracketed and stricken.~~ New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2025.
	47	+	SECTION 1. The legislature finds that Act 159, Session Laws of Hawaii 2023 (Act 159), requires the court to automatically seal or remove from the judiciary's publicly accessible databases any information relevant to the arrest or case of a person for whom an expungement order has been entered and transmitted to the court by July 1, 2025. The legislature further finds that the court is currently unable to effectuate Act 159 because the Hawaii criminal justice data center is not statutorily authorized to release the expungement orders to the judiciary. Accordingly, the purpose of this Act is to provide the Hawaii criminal justice data center with the statutory authority to transmit all expungement orders to the judiciary. SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows: "(f) Every expungement order issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this subsection. The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case of any person for whom an expungement order listing the court case number has been entered and transmitted to the court. The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49		SECTION 1. The legislature finds that Act 159, Session Laws of Hawaii 2023 (Act 159), requires the court to automatically seal or remove from the judiciary's publicly accessible databases any information relevant to the arrest or case of a person for whom an expungement order has been entered and transmitted to the court by July 1, 2025.
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51	51		The legislature further finds that the court is currently unable to effectuate Act 159 because the Hawaii criminal justice data center is not statutorily authorized to release the expungement orders to the judiciary.
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53	53		Accordingly, the purpose of this Act is to provide the Hawaii criminal justice data center with the statutory authority to transmit all expungement orders to the judiciary.
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55	55		SECTION 2. Section 831-3.2, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
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57		-	"(f) Every expungement order ~~with a court case number~~ issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this ~~section~~. The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case of any person for whom an expungement order listing the court case number ~~and arrest number associated with the offense~~ has been entered and transmitted to the court[.~~]; provided that~~ the court~~'s duties under this subsection~~ shall ~~not apply~~ to ~~any case referenced in~~ the ~~expungement order where the person for whom the order has been entered:~~
	57	+	"(f) Every expungement order issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this subsection. The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case of any person for whom an expungement order listing the court case number has been entered and transmitted to the court. The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time."
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59		-	(1) Was charged with multiple offenses at least one of which is not the subject of the order; or
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61		-	(2) Is only one of multiple defendants in the case at least one of whom has not been the subject of a prior expungement order.
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63		-	The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time."
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65		-	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
	59	+	SECTION 3. New statutory material is underscored.
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67	61		SECTION 4. This Act shall take effect on July 1, 2025.
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69		-	Report Title: Attorney General; HCJDC; Judiciary; Expungement Orders Description: Authorizes the Hawaii Criminal Justice Data Center to transmit all expungement orders to the Judiciary to effectuate the purposes of Act 159, SLH 2023. (HD1) 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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	65	+	INTRODUCED BY: _____________________________
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	67	+	INTRODUCED BY:
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	69	+	_____________________________
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	75	+	Report Title: Attorney General; HCJDC; Judiciary; Expungement Orders Description: Authorizes the Hawaii Criminal Justice Data Center to transmit all expungement orders to the Judiciary to effectuate the purposes of Act 159, SLH 2023. 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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75	81		Report Title:
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77	83		Attorney General; HCJDC; Judiciary; Expungement Orders
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81	87		Description:
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83		-	Authorizes the Hawaii Criminal Justice Data Center to transmit all expungement orders to the Judiciary to effectuate the purposes of Act 159, SLH 2023. ~~(HD1)~~
	89	+	Authorizes the Hawaii Criminal Justice Data Center to transmit all expungement orders to the Judiciary to effectuate the purposes of Act 159, SLH 2023.
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91	97		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.