Read the full stored bill text
HB1000
HOUSE OF REPRESENTATIVES
H.B. NO.
1000
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
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.
INTRODUCED BY:
_____________________________
BY REQUEST
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.