SB 1319: Attorney General; Hawaii Criminal Justice Data Center; Identification Processing

A BILL FOR AN ACT

RELATING TO IDENTIFICATION PROCESSING.

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

     SECTION 1.  Section 846-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The attorney general shall select and enforce systems of identification, including fingerprinting, of:  all adults arrested for a criminal offense; all persons to whom penal summonses or citations have been issued for a criminal offense and who have been convicted or granted a deferred acceptance of guilty or nolo contendere plea or a conditional discharge; and without the necessity of a court order, children who are twelve years of age or older who come within section 571-11(1) and who are taken into custody for committing an act that, if committed by an adult, would be a felony, a misdemeanor, or a petty misdemeanor.  The attorney general shall provide for the collection, recording, and compilation of data and statistics relating to crime.  Unless a child's physical fingerprint record is otherwise authorized to be entered into the system, and notwithstanding any law to the contrary, the attorney general shall purge any child's electronic fingerprint record entered into the identification system pursuant to this subsection either, upon court order or when: the child attains the age of twenty-five years; the child is determined not to be responsible for committing the act for which the fingerprints were taken; or the child is not informally adjusted under section 571-31.4 and a petition is not filed within one year from the date the child is taken into custody.  The court shall notify the attorney general when a child is determined not to be responsible for committing the act for which the fingerprints were taken.  A child's fingerprint record shall not be transmitted to any system outside the State.

     Notwithstanding any law to the contrary, upon the conviction of a person to whom a penal summons complaint or a citation has been issued for a criminal offense, or upon the granting of a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge to such person, the court shall order the person to report, within seven days, to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing, as provided under this subsection.  Failure to comply with a court order for identification processing under this subsection will constitute criminal contempt of court in violation of section 710-1077.

     The several counties shall provide the necessary equipment and the compensation of the persons required to install and carry out the work of the systems of identification and statistics in their respective jurisdictions; provided that those expenses in connection with matters exclusively within the control of the State shall be borne by the State; and provided further that the State shall provide for the management and equipment maintenance of the computerized fingerprint identification system.

     The systems shall be uniform throughout the State, shall be continuous in operation, and shall be maintained as far as possible in a manner as shall be in keeping with the most approved and modern methods of identification and of the collection and compilation of the statistics.

     The attorney general shall keep a uniform record of the work of the courts, prosecuting officers, the police, and other agencies or officers for the prevention or detection of crime and the enforcement of law in a form suitable for the:

     (1)  Study of the cause and prevention of crime and delinquency and of the efforts made and efficacy thereof to detect or prevent crime and to apprehend and punish violators of law; and

     (2)  Examination of the records of the operations of those officers and the results thereof."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Attorney General; Hawaii Criminal Justice Data Center; Identification Processing

Description:

Requires that the Attorney General's identification system include criminal cases initiated via citations that resulted in conviction, deferred acceptance of guilty or nolo contendere plea, or conditional discharge, and that a court order identification processing in such cases.  (SD1)

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

A BILL FOR AN ACT

RELATING TO IDENTIFICATION PROCESSING.

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

     SECTION 1.  Section 846-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The attorney general shall select and enforce systems of identification, including fingerprinting, of:  all adults arrested for a criminal offense; all persons to whom penal summonses or citations have been issued for a criminal offense and who have been convicted or granted a deferred acceptance of guilty or nolo contendere plea or a conditional discharge; and without the necessity of a court order, children who are twelve years of age or older who come within section 571-11(1) and who are taken into custody for committing an act that, if committed by an adult, would be a felony, a misdemeanor, or a petty misdemeanor.  The attorney general shall provide for the collection, recording, and compilation of data and statistics relating to crime.  Unless a child's physical fingerprint record is otherwise authorized to be entered into the system, and notwithstanding any law to the contrary, the attorney general shall purge any child's electronic fingerprint record entered into the identification system pursuant to this subsection either, upon court order or when: the child attains the age of twenty-five years; the child is determined not to be responsible for committing the act for which the fingerprints were taken; or the child is not informally adjusted under section 571-31.4 and a petition is not filed within one year from the date the child is taken into custody.  The court shall notify the attorney general when a child is determined not to be responsible for committing the act for which the fingerprints were taken.  A child's fingerprint record shall not be transmitted to any system outside the State.

     Notwithstanding any law to the contrary, upon the conviction of a person to whom a penal summons complaint or a citation has been issued for a criminal offense, or upon the granting of a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge to such person, the court shall order the person to report, within seven days, to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing, as provided under this subsection.  Failure to comply with a court order for identification processing under this subsection will constitute criminal contempt of court in violation of section 710-1077.

     The several counties shall provide the necessary equipment and the compensation of the persons required to install and carry out the work of the systems of identification and statistics in their respective jurisdictions; provided that those expenses in connection with matters exclusively within the control of the State shall be borne by the State; and provided further that the State shall provide for the management and equipment maintenance of the computerized fingerprint identification system.

     The systems shall be uniform throughout the State, shall be continuous in operation, and shall be maintained as far as possible in a manner as shall be in keeping with the most approved and modern methods of identification and of the collection and compilation of the statistics.

     The attorney general shall keep a uniform record of the work of the courts, prosecuting officers, the police, and other agencies or officers for the prevention or detection of crime and the enforcement of law in a form suitable for the:

     (1)  Study of the cause and prevention of crime and delinquency and of the efforts made and efficacy thereof to detect or prevent crime and to apprehend and punish violators of law; and

     (2)  Examination of the records of the operations of those officers and the results thereof."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Attorney General; Hawaii Criminal Justice Data Center; Identification Processing

Description:

Requires that the Attorney General's identification system include criminal cases initiated via citations that resulted in conviction, deferred acceptance of guilty or nolo contendere plea, or conditional discharge, and that a court order identification processing in such cases.

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

STAND. COM. REP. NO.  1658

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1319

      S.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1319, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IDENTIFICATION PROCESSING,"

begs leave to report as follows:

     The purpose of this measure is to require that the Attorney General's identification system include criminal cases initiated via citations that resulted in conviction, deferred acceptance of guilty or nolo contendere plea, or conditional discharge, and that a court order identification processing in such cases.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Law Enforcement; Honolulu Police Department; and Department of the Prosecuting Attorney of the City and County of Honolulu.

     Your Committee finds that this measure would significantly enhance the comprehensiveness and effectiveness of the State's criminal identification databases, addressing an important gap in the current system.  Under existing law, only criminal history record information in cases initiated by arrest or penal summons are required and authorized to be collected by the Hawaii Criminal Justice Data Center.  This fails to account for any misdemeanor, petty misdemeanor, or criminal violation level cases initiated by citation.

     Your Committee further finds that law enforcement agencies within the State's criminal justice system routinely use and rely upon information collected by the Hawaii Criminal Justice Data Center for complete and accurate criminal history record information.  Under existing law, officers have discretion to issue citations in lieu of arrest for non-felony offenses where the officer is reasonably satisfied that the person meets various factors.  However, to assist in making that determination, officers are relying on this incomplete criminal history record information.  This measure provides the statutory means to ensure that the criminal sentences for individuals issued citations are accurately processed and recorded for use by law enforcement agencies, thereby enhancing accuracy and reliability of criminal history record information.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1319, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 820

Honolulu, Hawaii

RE:    S.B. No. 1319

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1319 entitled:

"A BILL FOR AN ACT RELATING TO IDENTIFICATION PROCESSING,"

begs leave to report as follows:

     The purpose and intent of this measure is to require that the Attorney General's identification system include criminal cases initiated via citations that resulted in a conviction, deferred acceptance of guilty or nolo contendere plea, or conditional discharge, and that a court order identification processing in such cases.

     Your Committee received testimony in support of this measure from the Department of the Attorney General and Honolulu Police Department.

     Your Committee finds that the State's courts, law enforcement agencies, and other entities within the criminal justice system routinely use and rely upon information collected by the Hawaii Criminal Justice Data Center to provide complete and accurate criminal history record information.  Existing law requires and authorizes the Hawaii Criminal Justice Data Center to collect the criminal history record information in cases initiated by arrest or penal summons, but does not account for any convictions from misdemeanor, petty misdemeanor, or violation level cases that were initiated by citation.  As a result, none of those convictions have ever been included in the Hawaii Criminal Justice Data Center's data, and the courts and other authorized entities have unintentionally been operating based on an incomplete criminal history for many individuals.  This measure will ensure that all convictions and sentences handed down by the State's court system are accurately processed and recorded by the Hawaii Criminal Justice Data Center, thereby enhancing the accuracy and reliability of the State's criminal history record information.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1319, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1319, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,