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HB151
HOUSE OF REPRESENTATIVES
H.B. NO.
151
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO Redress for Wrongful Conviction and Imprisonment
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that Act 156, Session Laws of Hawaii 2016, was enacted to
monetarily compensate individuals who had been wrongfully convicted and
imprisoned in the Hawaii criminal justice system.
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The Act created chapter 661B, Hawaii Revised
Statutes, which is entitled "Redress for Wrongful Conviction and
Imprisonment", and through which the compensation scheme has been effect
for eight years.
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In enacting Act 156, the legislature found
that individuals who were wrongfully convicted and imprisoned by the State deserved
"an avenue of redress over and above the existing tort remedies to seek
compensation for damages from the jurisdiction that convicted and imprisoned
them".
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Pursuant to section 661B‑3(b),
Hawaii Revised Statutes, if a court finds that a person has proven a claim for
wrongful conviction and imprisonment, the court is to award the person $50,000
for each year of actual confinement, including time spent awaiting trial.
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The legislature recognizes that although the
process does not explicitly require a court trial to determine if a petitioner
is entitled to compensation and the amount of compensation, in practice, petitioners
have been subjected to lengthy trials.
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The legislature also recognizes the recent
Hawai
`
i supreme court decision in
Jardine v.
Hawai`i, 155 Haw. 60 (2024).
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The
court considered the language of section 661B-1, Hawaii Revised Statutes, which
in part requires that a petitioner's judgment of conviction be reversed or
vacated "because the petitioner was actually innocent of the crimes for
which the petitioner was convicted, and the court decision so states".
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The supreme court held that the statute does
not require the exact words "actual innocence" to appear in the
order.
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However, the court also held that
the statute "does, however, require that such an order state a finding
that supports a petitioner's 'actual innocence' � that is, the order should
support the conclusion that the petitioner did not commit the crime."
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The purpose of this Act is to make
improvements to the State's wrongful imprisonment compensation law.
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SECTION 2.
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Chapter 661B, Hawaii Revised Statutes, is amended by adding two new
sections to be appropriately designated and to read as follows:
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�661B-
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Notice of the right to petition.
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The State shall provide
written notice of the ability to file a claim under this chapter
to any person:
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(1)
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Whose
judgment of conviction was reversed or vacated, and the corresponding order
included a finding that supports the conclusion that the person did not commit
the crime upon which that conviction was based; or
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(2)
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Who
was pardoned and the pardon included information that
supports the conclusion that the person did not commit the crime
for which the person was convicted.
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�661B-
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Liberal construction.
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This chapter shall be liberally construed
to ensure that those persons who were wrongfully convicted and imprisoned by
the State receive compensation.
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SECTION
3
.
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Section 661B-2, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�661B-2[
]
]
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Presentation of claim.
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(a)
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A petition for relief filed pursuant to this
chapter shall be filed in the circuit court of the circuit in which the
petitioner lives, or if the petitioner lives outside the State, in the circuit
court of the first circuit.
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The
petitioner shall serve the petition upon the attorney general, and if the
prosecuting authority was other than the attorney general, upon the prosecuting
authority.
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The petition shall set forth
the facts and authority that support the petitioner's claim.
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(b)
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The State shall
pay advance compensation to any petitioner who was convicted in a court of the
State and imprisoned for at least one year, and who files a petition that
supports the conclusion that the petitioner did not commit the crime for which
the person was convicted; provided that neither the State nor a county
prosecutor have filed new charges based on the same alleged act or acts for
which the petitioner was originally convicted.
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Within seven days of service of the petition, the State shall make a
payment of $5,000 to the petitioner.
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Subsequently,
on the first day of every month, the State shall make a payment of $5,000 to
the petitioner, until the State has paid in the aggregate an amount equal to
the payment for one year of imprisonment, as specified in section 661B-3(c);
provided the payments shall cease if the State or a county prosecutor files new
charges based on the same alleged act or acts for which the petitioner was
originally convicted.
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Any advance
compensation paid to the petitioner shall be deducted from any compensation to
which the petitioner is entitled under this chapter.
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[
(b)
]
(c)
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No later than sixty days after service, the attorney general shall file
with the court an answer that shall either admit that the petitioner is
entitled to compensation or deny the petitioner's claim.
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If the attorney general admits that the petitioner is entitled
to compensation, the court shall conduct a trial to determine the amount of
compensation; provided that if the attorney general and the petitioner agree on
the amount of the compensation, the court may issue a final judgment awarding
the petitioner the amount agreed upon or, in its discretion, conduct a trial to
determine the amount to award the petitioner.
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If the attorney general denies that the petitioner is entitled
to compensation, then the court shall conduct a trial to determine if the
petitioner is entitled to compensation and the amount, if any.
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[
(c)
]
(d)
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Notwithstanding
any other provision of law to the contrary, no person shall be allowed to
intervene in the proceeding; provided that if the attorney general did not
obtain the conviction of the petitioner, then the prevailing prosecuting
authority may state its position on the petitioner's claim in a statement to
the court.
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If the attorney general did
not obtain the conviction of the petitioner, then the prevailing prosecuting
authority shall provide the attorney general with any information or assistance
that the attorney general may request.
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[
(d)
]
(e)
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Any
action against the State under this chapter shall be tried by the court without
a jury; provided that the court, with the consent of all the parties, may order
a trial with a jury whose verdict shall have the same effect as if trial by
jury had been a matter of right.
"
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SECTION 4.
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No later than forty days before the convening of
each of the regular sessions of 2026, 2027, and 2028, the department of the
attorney general shall submit to the legislature a report on the status of all
petitions filed under chapter 661B, Hawaii Revised Statutes.
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The report shall include, for each petition:
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(1)
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The
name of the petitioner;
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(2)
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The
date the petition was filed and the circuit in which it was filed;
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(3)
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Whether
the department granted or denied the petition, and the date the department's response
was filed;
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(4)
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Whether
any compensation has been made to the petitioner, including any compensation
pursuant to section 661B-2(b), Hawaii Revised Statutes, and the dates of the
compensation, if any; and
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(5)
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The
current status of the petition.
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SECTION 5.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Wrongful
Convictions; Civil Remedies; Redress; Compensation
Description:
Requires
the State to provide written notice to certain persons regarding the ability to
file a claim for redress under applicable wrongful conviction law.
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Requires the liberal construction of that
law.
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Provides for advance compensation
for petitioners under certain circumstances.
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Requires reports to Legislature from the Department of the Attorney
General.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.