HawaiiRELATING TO WRONGFUL IMPRISONMENT.
What it does
Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, 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 Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may assign a case manager to a petitioner upon the petitioner's release.
More detail
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 persons 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 Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 20House Conferees Appointed: Tarnas, Belatti, Kusch Co-Chairs; Iwamoto, Poepoe, Garcia.Latest
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 787).Minor
- Apr 16Received from House (Hse. Com. No. 774).Minor
- Apr 16Senate disagrees with House amendments.Minor
- Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
- Apr 14Passed Third Reading with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading. Result: pass.Lower
- Apr 10Reported from FIN (Stand. Com. Rep. No. 2161-26), recommending passage on Third Reading.
- Apr 7The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Alcos, Gedeon, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Vote recorded The committee on FIN recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
- Apr 2Bill scheduled to be heard by FIN on Tuesday, 04-07-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
- Mar 30Reported from PBS (Stand. Com. Rep. No. 1480-26) as amended in HD 2, recommending referral to FIN.
- Vote recorded Report adopted; referred to the committee(s) on FIN as amended in HD 2. Result: pass.Lower
- Mar 30Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).Minor
- Mar 25The 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; Noes: none; and Excused: none.Minor
- Vote recorded The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 20Reported from JHA (Stand. Com. Rep. No. 1267-26) 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
- Mar 20Passed Second Reading as amended in HD 1 and referred to the committee(s) on PBS with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Quinlan excused (1).Minor
- Mar 20Bill scheduled to be heard by PBS on Wednesday, 03-25-26 10:00AM in House conference room 411 VIA VIDEOCONFERENCE.
- Mar 18The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Hashem, Sayama, Cochran.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 16Bill scheduled to be heard by JHA on Wednesday, 03-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Mar 12Pass First ReadingMinor
- Mar 12Referred to JHA, PBS, FIN, referral sheet 17Minor
- Mar 10Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Report adopted; Passed Third Reading, as amended (SD 2). Result: pass.Upper
- Mar 10Received from Senate (Sen. Com. No. 399) in amended form (SD 2).Minor
- Mar 6Reported from JDC/WAM (Stand. Com. Rep. No. 3069) with recommendation of passage on Third Reading, as amended (SD 2).
- Mar 648 Hrs. Notice 03-10-26.
- Mar 4The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 4The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Mar 2The committee(s) on JDC/WAM will hold a public decision making on 03-04-26 10:35AM; Conference Room 211 & Videoconference.
- Feb 20Reported from GVO (Stand. Com. Rep. No. 2686) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
- Feb 20Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.Minor
- Feb 19The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 4 Aye(s): Senator(s) McKelvey, Gabbard, Hashimoto, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.Minor
- Vote recorded The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Feb 17The committee(s) on GVO deferred the measure until 02-19-26 3:00PM; CR 225 & Videoconference.Minor
- Feb 13The committee(s) on GVO has scheduled a public hearing on 02-17-26 3:45PM; Conference Room 225 & Videoconference.
- Feb 10Re-Referred to GVO, JDC/WAM.Minor
- Feb 2Referred to GVO/PSM, JDC/WAM.Minor
- Jan 30Introduced.Minor
- Jan 30Passed First Reading.Introduced