HawaiiRELATING TO WRONGFUL IMPRISONMENT.
What it does
Establishes the procedure that a circuit court shall follow upon the reversal or vacation of an individual's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. Requires the Comptroller to issue a warrant for payment of advance compensation to a petitioner.
More detail
Requires the Department of Human Services, in collaboration with the Department of Corrections and Rehabilitation, to contract with a community-based agency to assign a case manager to a petitioner upon the petitioner's release. Requires the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 20Reported from PBS (Stand. Com. Rep. No. 602-26) as amended in HD 2, recommending referral to FIN.Latest
- Vote recorded Report adopted; referred to the committee(s) on FIN as amended in HD 2. Result: pass.Lower
- Feb 20Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Pierick voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).Minor
- Feb 18The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Belatti, Iwamoto, Hashem, Ichiyama, Morikawa, Poepoe, Woodson, Shimizu, Souza; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Vote recorded The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 13Bill scheduled to be heard by PBS on Wednesday, 02-18-26 10:00AM in House conference room 411 VIA VIDEOCONFERENCE.
- Feb 12Reported from JHA (Stand. Com. Rep. No. 235-26) as amended in HD 1, recommending passage on Second Reading and referral to PBS.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on PBS. Result: pass.Lower
- Feb 12Passed Second Reading as amended in HD 1 and referred to the committee(s) on PBS with Representative(s) Cochran, Garcia, Pierick voting aye with reservations; none voting no (0) and none excused (0).Minor
- Feb 10The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Cochran, Garcia, Shimizu; Noes: none; and Excused: none.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 6Bill scheduled to be heard by JHA on Tuesday, 02-10-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 2Referred to JHA, PBS, FIN, referral sheet 6Minor
- Jan 28Introduced and Pass First Reading.Introduced
- Feb 20Reported from PBS (Stand. Com. Rep. No. 602-26) as amended in HD 2, recommending referral to FIN.Latest