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HI SB269
Bill
Status
3/10/2015
Primary Sponsor
Suzanne Chun Oakland
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AI Summary
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Establishes a process for individuals to petition the court to vacate convictions for violating section 711-1105, sitting or lying on public sidewalks ordinances, or obstructing/occupying public places.
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Petitions must be filed within three years from the date the final conviction judgment was entered and follow post-conviction proceedings under Hawaii Rules of Penal Procedure.
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Conviction shall be vacated if the court finds by preponderance of evidence that the person was homeless, denied access to a homeless facility for at least five days prior to the offense, or denied access to homeless services for at least five days prior to the offense.
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Defines key terms including "homeless," "emergency shelter," "transitional shelter," "provider agency," and "public place" by reference to section 346-361 and specific statutory language.
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Effective January 7, 2059, and does not affect rights, penalties, or proceedings that began before its effective date.
Legislative Description
Homeless; Obstruction or Occupation of Public Places; Vacate Conviction
Last Action
Passed Second Reading and referred to the committee(s) on JUD with Representative(s) Jordan voting aye with reservations; none voting no (0) and Representative(s) Har, Ing, Takumi excused (3).
3/24/2015