HB 2493: AG; DCR; DAGS; Wrongful Conviction and Imprisonment; Compensation; Annual Report
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-02-19
Current Status:
Failed
(2026-02-20: Report 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).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
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. 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)
Establishes the procedure that a trial 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. Requires the Adult Client Services Division or a contracted 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. 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 vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD1)
Establishes the procedure that a court of the State shall follow upon the reversal or vacation of an individual's judgment or conviction on grounds consistent with innocence, and where the chargers 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. Requires the Department of Corrections and Rehabilitation 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 a person's judgment of conviction on grounds consistent with innocence and where the chargers were dismissed. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies that a person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the chargers were dismissed, may petition for compensation. Requires the State to prove by a preponderance of evidence that the reversal or vacating of the order of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2493 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WRONGFUL IMPRISONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016 (Act 156), was enacted to monetarily compensate individuals who had been wrongfully convicted and imprisoned in the Hawaiʻi criminal justice system. Act 156 established a compensation scheme, which has been in effect for several years, to provide redress to those who have been wrongfully imprisoned.
The legislature further finds that in its findings for Act 156, it 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". The legislature also finds that existing law stipulates that if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is required to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognized that although the compensation process requires court trials to determine whether a petitioner is entitled to compensation and the amount of compensation, in practice, petitioners have been subjected to lengthy trials.
The legislature recognizes the recent Hawaii supreme court decision in Jardine v. State, 155 Hawaii 60 (2024). The court considered the provisions 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". The Hawaii supreme court held that the statute does not require the exact words "actually innocent" to appear in the order. 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".
The legislature also finds that wrongful compensation claims in Hawaii have often been subject to prolonged litigation and delay, including delay caused by the State. The prolonged uncertainty and financial hardship caused by a delay are unjust to those wrongfully convicted. In at least one situation, the wrongfully convicted individual passed away before receiving any compensation after almost a decade of litigation seeking compensation. The legislature finds that these unresolved claims are also a potential liability to the State. The legislature therefore concludes that rather than allow claims for compensation for wrongful conviction and imprisonment to languish for years, the law should be amended to give certainty to the budgeting process and to those who were wrongfully convicted.
Accordingly, the purpose of this Act is to:
(1) Establish 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;
(2) Require the State to pay advance compensation to any person 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;
(3) Require the comptroller to issue a warrant for payment of advance compensation to a petitioner;
(4) Require 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;
(5) Require 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;
(6) Require the department of the attorney general to submit an annual report to the legislature;
(7) Clarify eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and whose charges were dismissed; and
(8) Shift the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:
"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.
§661B-B Reversal or vacation of conviction; procedure. (a) Upon the reversal or vacation of a judgment of conviction on grounds consistent with innocence, and where the charges were dismissed, the circuit court in which the charge was originally filed shall:
(1) Provide oral and written notice of the person's ability to file a claim under this chapter;
(2) Award advance compensation payments pursuant to section 661B-C unless the court orders the award under paragraph (5);
(3) Order the department of human services, in collaboration with the department of corrections and rehabilitation, to assign a case manager to the person pursuant to section 661B-D;
(4) Make the following findings:
(A) Whether the person was convicted in a court of the State and subsequently imprisoned for one or more crimes and the crime or crimes upon which that conviction was based were reversed or vacated;
(B) Whether the grounds for the reversal or vacation of the crime or crimes support the conclusion that the person did not commit the crime or crimes;
(C) Whether the charges were dismissed;
(D) The number of years, months, and days that the person spent in prison for the crime or crimes described in subparagraph (B), including time served before conviction, if any; and
(E) At the rate of $50,000 for each year of actual confinement, including time spent awaiting trial, the total amount of compensation the person would receive under section 661B-3;
(5) If the person wishes to seek relief pursuant to this chapter at the time of the reversal or vacation and the court answers in the affirmative with respect to paragraphs (4)(A) and (B), the court shall order the award as calculated pursuant to paragraph (4)(E); provided that neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted; and
(6) Award reasonable attorney's fees not exceeding $10,000 pursuant to section 661B-3.
(b) A person does not waive the person's right to seek relief pursuant to this chapter if the person does not elect to seek relief at the time of reversal or vacation.
§661B-C Advance compensation; requirements. (a) The State shall 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; provided that the charges were dismissed and neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(b) Within five business days of the reversal or vacation, the comptroller shall issue a warrant pursuant to section 40-51 for a payment of $5,000 to the petitioner. Subsequently, on the first day of every month, the comptroller shall issue a warrant for 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 pursuant to section 661B-3(c); provided that the payments shall cease if the attorney general or a county prosecuting attorney files new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(c) Any advance compensation paid to the petitioner shall be deducted from any compensation to which the petitioner is entitled under this chapter. If the petition is subsequently denied, the petitioner shall not be required to repay any funds disbursed.
§661B-D Case manager; appointment. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the department of human services, in collaboration with the department of corrections and rehabilitation, shall contract with a community-based agency to appoint a case manager to the person. Services shall commence immediately and continue for sixty days from the day of the person's release.
(b) Case manager duties shall include assisting the person in obtaining the following:
(1) Housing;
(2) State identification;
(3) Medical, dental, and mental health insurance and appointments;
(4) A cell phone; and
(5) Employment.
§661B-E Medical coverage; petitioner. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the person shall be eligible to obtain medical coverage from the State.
(b) The State shall provide medical coverage to a petitioner under subsection (a) for a period of time equal to that of the petitioner's wrongful imprisonment, including any period during which the petitioner was released on parole.
§661B-F Jurisdiction over the person. The judiciary and department of corrections and rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this chapter.
§661B-G Reimbursement; counties. The State may seek reimbursement from the applicable county for any losses incurred by the State pursuant to this chapter.
§661B-H Annual report. The department of the attorney general shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall detail the implementation and application of this chapter and shall include the following:
(1) The name of any person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and whose charges were dismissed;
(2) Whether the State or a county prosecuting authority filed new charges based on the same alleged act or acts for which the petitioner was originally convicted;
(3) The court's findings pursuant to section 661B-B;
(4) Whether the person chose to seek relief and whether the person chose to do so at the time of reversal or vacation, or later;
(5) If the person, subsequent to the court's findings, filed a petition:
(A) The date on which the petition was filed;
(B) The circuit in which the petition was filed;
(C) Whether the department of the attorney general admitted or denied that the petitioner is entitled to compensation;
(D) The date on which the department of the attorney general's response was filed; and
(E) The status of the petition on the date on which the report is submitted; and
(6) Whether any compensation has been made to the petitioner, including any advance compensation rendered pursuant to section 661B-C, and the dates on which the compensation was disbursed."
SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-1[]] Statement of claim for compensation. [(a)] Any person convicted in a
court of the State and imprisoned for one or more crimes [of which the
person was actually innocent] whose judgment of conviction was reversed
or vacated, or who was pardoned, on grounds consistent with innocence, and
where the charges were dismissed, may file a petition for relief pursuant
to this chapter for an award of damages against the State; provided that the
requirements of [subsection (b)] this section are met[.];
provided further that the court has not previously awarded compensation to the
person pursuant to section 661B-B.
[(b)] To present
an actionable claim against the State for wrongful conviction and imprisonment,
the petitioner shall allege that the petitioner was convicted of one or more
crimes under the laws of the
State, was subsequently sentenced to a term of imprisonment, and has served all
or any part of the sentence and either that:
(1) The judgment of conviction was reversed
or vacated [because the petitioner was actually innocent of the crimes for
which the petitioner was convicted, and the court decision so states]; or
(2) The petitioner was pardoned [because
the petitioner was actually innocent of the crimes for which the petitioner was
convicted and the pardon so states.],
on grounds consistent with innocence and where the charges were dismissed."
SECTION 4. Section 661B-3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) through (c) to read:
"(a) The [petitioner]
State shall have the burden to prove by a preponderance of the evidence[:
(1) That the petitioner is eligible to
seek compensation in accordance with the requirements set forth in section
661B-1;
(2) That the petitioner was convicted in
a court of the State and subsequently imprisoned for one or more crimes, but
the petitioner was actually innocent of the crimes at issue; and
(3) That the petitioner served time in
prison for the crime or crimes, including time served prior to conviction, if
any.] that the reversal or vacation of the judgment of conviction for
the petitioner or the pardoning of the petitioner was inconsistent with
innocence.
(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:
(1) The petitioner was serving a term of
imprisonment for another crime, including crimes under the laws of the United
States, concurrently with imprisonment for the crime or crimes for which the
petitioner, [was actually innocent;] whose judgment of
conviction was reversed or vacated or who was pardoned on grounds consistent
with innocence; provided that if the petitioner served additional time in
prison due to the conviction that is the basis of the petition, then the
petitioner shall receive compensation for that portion of the time served in
prison during which the petitioner was serving no other sentence;
(2) The petitioner committed perjury or fabricated evidence or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;
(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;
(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;
(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;
(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;
(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or
(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.
If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).
(c) If the court finds that the petitioner has [proven]
filed a claim for wrongful conviction and imprisonment[,] and
the State has not met its burden of proof under subsection (a) or proven an
affirmative defense pursuant to subsection (b), the court shall award the
petitioner $50,000 for each year of actual confinement, including time spent
awaiting trial, served by the petitioner for the crime or crimes for which the
[petitioner was actually innocent;] judgment of conviction was
reversed or vacated or for which the petitioner was pardoned on grounds
consistent with innocence; provided that:
(1) The petitioner shall not be compensated
for the time imprisoned if the petitioner was concurrently imprisoned for a
different conviction, even if the other conviction was related to the
conviction that was vacated or reversed or for which the petitioner was
pardoned [because of actual innocence;] on grounds consistent with
innocence;
(2) The award shall be prorated for partial
years of imprisonment; [and]
(3) Any advance compensation paid to the petitioner shall be deducted from the award; and
[(3)] (4) If the court finds, by a preponderance
of the evidence, extraordinary circumstances pertain to a conviction that is
set aside or a pardon that is granted [because of actual innocence,] on
grounds consistent with innocence, the court may award the petitioner a
maximum of $100,000 in additional compensation."
2. By amending subsection (f) to read:
"(f) On all moneys
awarded to the petitioner for claims instituted under this chapter, interest
shall be computed at the rate of four per cent a year from the date of judgment
up to, but not exceeding, thirty days after the date of approval of any
appropriation act providing for payment of the judgment[.] or after
the date the comptroller was required to issue a warrant pursuant to section
661B-C."
SECTION 5. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-6[]] Waiver of sovereign immunity. This chapter
shall constitute a waiver of sovereign immunity by the State only for the
claims brought pursuant to this chapter.
The State makes no other waiver of sovereign immunity, and fully retains
its sovereign immunity as to all other claims, however denominated, that seek
compensation of any kind or nature that are a result of, related to, or arise
from a conviction and imprisonment for crimes for which the claimant [alleges
actual innocence.] whose judgment of conviction was reversed or vacated,
or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in
favor of the State and against any waiver of sovereign immunity."
SECTION 6. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding
any other law, including the common law, to the contrary, this chapter sets
forth the exclusive remedy for any person seeking compensation of any kind or
nature whatsoever, as a result of, related to, or arising from a conviction and
imprisonment for crimes for which the person [was actually innocent.] whose
judgment of conviction was reversed or vacated, or who was pardoned, on grounds
consistent with innocence. This
section shall be strictly construed in favor of any person against whom a claim
is asserted, and against the person asserting the claim."
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
AG; DCR; DAGS; Wrongful Conviction and Imprisonment; Compensation; Annual Report
Description:
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. 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)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2493 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WRONGFUL IMPRISONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016, (Act 156) was enacted to monetarily compensate individuals who had been wrongfully convicted and imprisoned in the Hawaiʻi criminal justice system. Act 156 established a compensation scheme, which has been in effect for several years, to provide redress to those who have been wrongfully imprisoned.
The legislature further finds that in its findings for Act 156, it 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". The legislature also finds that existing law stipulates that if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is required to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognized that although the compensation process requires court trials to determine whether a petitioner is entitled to compensation and the amount of compensation, in practice, petitioners have been subjected to lengthy trials.
The legislature recognizes the recent Hawaii supreme court decision in Jardine v. State, 155 Hawaii 60 (2024). 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". The Hawaii supreme court held that the statute does not require the exact words "actually innocent" to appear in the order. 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".
The legislature also finds that wrongful compensation claims in Hawaii have often been subject to prolonged litigation and delay, including delay caused by the State. The prolonged uncertainty and financial hardship caused by a delay are unjust to those wrongfully convicted. In at least one situation, the wrongfully convicted individual passed away before receiving any compensation after almost a decade of litigation seeking compensation. The legislature finds that these unresolved claims are also a potential liability to the State. The legislature therefore concludes that rather than allow claims for compensation for wrongful conviction and imprisonment to languish for years, the law should be amended to give certainty to the budgeting process and to those who were wrongfully convicted.
Accordingly, the purpose of this Act is to:
(1) Establish the procedure that a trial 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;
(2) Require the State to pay advance compensation to any person 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;
(3) Require the comptroller to issue a warrant for payment of advance compensation to a petitioner;
(4) Require the adult client services division or a contracted community-based agency to assign a case manager to a petitioner upon the petitioner's release;
(5) Require 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;
(6) Require the department of the attorney general to submit an annual report to the legislature;
(7) Clarify eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and whose charges were dismissed; and
(8) Shift the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:
"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.
§661B-B Reversal or vacation of conviction; procedure. (a) Upon the reversal or vacation of a judgment of conviction on grounds consistent with innocence, and where the charges were dismissed, the trial court where the charge was originally filed shall:
(1) Provide oral and written notice of the person's ability to file a claim under this chapter;
(2) Award advance compensation payments pursuant to section 661B-C unless the court orders the award under paragraph (5);
(3) Order the department of corrections and rehabilitation to assign a case manager to the person pursuant to section 661B-D;
(4) Make the following findings:
(A) Whether the person was convicted in a court of the State and subsequently imprisoned for one or more crimes and the crime or crimes upon which that conviction was based were reversed or vacated;
(B) Whether the grounds for the reversal or vacation of the crime or crimes support the conclusion that the person did not commit the crime or crimes;
(C) Whether the charges were dismissed;
(D) The number of years, months, and days that the person spent in prison for the crime or crimes described in subparagraph (B), including time served before conviction, if any; and
(E) At the rate of $50,000 for each year of actual confinement, including time spent awaiting trial, the total amount of compensation the person would receive under section 661B-3;
(5) If the person wishes to seek relief pursuant to this chapter at the time of the reversal or vacation and the court answers in the affirmative with respect to paragraphs (4)(A) and (B), the court shall order the award as calculated pursuant to paragraph (4)(E); provided that neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted; and
(6) Award reasonable attorney's fees not exceeding $10,000 pursuant to section 661B-3.
(b) A person does not waive their right to seek relief pursuant to this chapter if they do not elect to seek relief at the time of reversal or vacation.
§661B-C Advance compensation; requirements. (a) The State shall 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; provided that the charges were dismissed and neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(b) Within five business days of the reversal or vacation, the comptroller shall issue a warrant pursuant to section 40-51 for a payment of $5,000 to the petitioner. Subsequently, on the first day of every month, the comptroller shall issue a warrant for 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 pursuant to section 661B-3(c); provided that the payments shall cease if the attorney general or a county prosecuting attorney files new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(c) Any advance compensation paid to the petitioner shall be deducted from any compensation to which the petitioner is entitled under this chapter. If the petition is subsequently denied, the petitioner shall not be required to repay any funds disbursed.
§661B-D Case manager; appointment. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the adult client services division or a contracted community-based agency shall appoint a case manager to the person. Services shall commence immediately and continue for sixty days from the day of the person's release.
(b) Case manager duties shall include assisting the person in obtaining the following:
(1) Housing;
(2) State identification;
(3) Medical, dental, and mental health insurance and appointments;
(4) A cell phone; and
(5) Employment.
§661B-E Medical coverage; petitioner; spouse and dependents. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the person shall be eligible to obtain medical coverage from the State.
(b) The medical coverage offered under subsection (a) may include the person's spouse and dependents.
(c) The State shall provide medical coverage to a petitioner under subsection (a) for a period of time equal to that of the petitioner's wrongful imprisonment, including any period during which the petitioner was released on parole.
§661B-F Annual report. The department of the attorney general shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall detail the implementation and application of this chapter and shall include the following:
(1) The name of any person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and whose charges were dismissed;
(2) Whether the State or a county prosecuting authority filed new charges based on the same alleged act or acts for which the petitioner was originally convicted;
(3) The court's findings pursuant to section 661B-B;
(4) Whether the person chose to seek relief and whether the person chose to do so at the time of reversal or vacation, or later;
(5) If the person, subsequent to the court's findings, filed a petition:
(A) The date the petition was filed;
(B) The circuit in which the petition was filed;
(C) Whether the department of the attorney general admitted or denied that the petitioner is entitled to compensation;
(D) The date that the department of the attorney general's response was filed; and
(E) The status of the petition on the date the report is submitted; and
(6) Whether any compensation has been made to the petitioner, including any advance compensation rendered pursuant to section 661B-C, and the dates that the compensation was disbursed."
SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-1[]] Statement of claim for compensation. [(a)] Any person convicted in a
court of the State and imprisoned for one or more crimes [of which the
person was actually innocent] whose judgment of conviction was reversed
or vacated, or who was pardoned, on grounds consistent with innocence, and
where the charges were dismissed, may file a petition for relief pursuant
to this chapter for an award of damages against the State; provided that the
requirements of [subsection (b)] this section are met[.];
provided further that the court has not previously awarded compensation to the
person pursuant to section 661B-B.
[(b)] To present
an actionable claim against the State for wrongful conviction and imprisonment,
the petitioner shall allege that the petitioner was convicted of one or more
crimes under the laws of the
State, was subsequently sentenced to a term of imprisonment, and has served all
or any part of the sentence and either that:
(1) The judgment of conviction was reversed
or vacated [because the petitioner was actually innocent of the crimes for
which the petitioner was convicted, and the court decision so states]; or
(2) The petitioner was pardoned [because
the petitioner was actually innocent of the crimes for which the petitioner was
convicted and the pardon so states.],
on grounds consistent with innocence and where the charges were dismissed."
SECTION 4. Section 661B-3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) through (c) to read:
"(a) The [petitioner]
State shall have the burden to prove by a preponderance of the evidence[:
(1) That the petitioner is eligible to
seek compensation in accordance with the requirements set forth in section
661B-1;
(2) That the petitioner was convicted in
a court of the State and subsequently imprisoned for one or more crimes, but
the petitioner was actually innocent of the crimes at issue; and
(3) That the petitioner served time in
prison for the crime or crimes, including time served prior to conviction, if
any.] that the reversal or vacating of the judgment of conviction for
the petitioner or the pardoning of the petitioner was inconsistent with
innocence.
(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:
(1) The petitioner was serving a term of
imprisonment for another crime, including crimes under the laws of the United
States, concurrently with imprisonment for the crime or crimes for which the
petitioner, [was actually innocent;] whose judgment of
conviction was reversed or vacated or who was pardoned on grounds consistent
with innocence; provided that if the petitioner served additional time in
prison due to the conviction that is the basis of the petition, then the petitioner
shall receive compensation for that portion of the time served in prison during
which the petitioner was serving no other sentence;
(2) The petitioner committed perjury or fabricated evidence or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;
(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;
(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;
(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;
(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;
(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or
(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.
If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).
(c) If the court finds that the petitioner has [proven]
filed a claim for wrongful conviction and imprisonment[,] and
the State has not met its burden of proof under subsection (a) or proven an
affirmative defense pursuant to subsection (b), the court shall award the
petitioner $50,000 for each year of actual confinement, including time spent
awaiting trial, served by the petitioner for the crime or crimes for which the [petitioner
was actually innocent;] judgment of conviction was reversed or vacated
or for which the petitioner was pardoned on grounds consistent with innocence;
provided that:
(1) The petitioner shall not be compensated
for the time imprisoned if the petitioner was concurrently imprisoned for a different
conviction, even if the other conviction was related to the conviction that was
vacated or reversed or for which the petitioner was pardoned [because of
actual innocence;] on grounds consistent with innocence;
(2) The award shall be prorated for partial
years of imprisonment; [and]
(3) Any advance compensation paid to the petitioner shall be deducted from the award; and
[(3)] (4) If the court finds, by a preponderance
of the evidence, extraordinary circumstances pertain to a conviction that is
set aside or a pardon that is granted [because of actual innocence,] on
grounds consistent with innocence, the court may award the petitioner a
maximum of $100,000 in additional compensation."
2. By amending subsection (f) to read:
"(f) On all moneys
awarded to the petitioner for claims instituted under this chapter, interest
shall be computed at the rate of four per cent a year from the date of judgment
up to, but not exceeding, thirty days after the date of approval of any
appropriation act providing for payment of the judgment[.] or after
the date the comptroller was required to issue a warrant pursuant to section
661B-C."
SECTION 5. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-6[]] Waiver of sovereign immunity. This chapter
shall constitute a waiver of sovereign immunity by the State only for the claims
brought pursuant to this chapter. The
State makes no other waiver of sovereign immunity, and fully retains its
sovereign immunity as to all other claims, however denominated, that seek compensation
of any kind or nature that are a result of, related to, or arise from a
conviction and imprisonment for crimes for which the claimant [alleges
actual innocence.] whose judgment of conviction was reversed or vacated,
or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in
favor of the State and against any waiver of sovereign immunity."
SECTION 6. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding
any other law, including the common law, to the contrary, this chapter sets
forth the exclusive remedy for any person seeking compensation of any kind or
nature whatsoever, as a result of, related to, or arising from a conviction and
imprisonment for crimes for which the person [was actually innocent.] whose
judgment of conviction was reversed or vacated, or who was pardoned, on grounds
consistent with innocence. This
section shall be strictly construed in favor of any person against whom a claim
is asserted, and against the person asserting the claim."
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
AG; DCR; DAGS; Wrongful Conviction and Imprisonment; Compensation; Annual Report
Description:
Establishes the procedure that a trial 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. Requires the Adult Client Services Division or a contracted 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. 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 vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2493 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to wrongful imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016, (Act 156) was enacted to monetarily compensate individuals who had been wrongfully convicted and imprisoned in the Hawaiʻi criminal justice system. Act 156 established a compensation scheme, which has been in effect for eight years, to provide redress to those who have been wrongfully imprisoned.
The legislature further finds that in its findings for Act 156, it 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". The legislature also finds that existing law stipulates that if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is required to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognized that although the compensation 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. According to the National Registry of Exonerations, of the thirty-eight states who have wrongful conviction and imprisonment laws, the State is the only one to have not rendered payment to any claimants.
The legislature recognizes the recent Hawaiʻi supreme court decision in Jardine v. Hawaiʻi, 155 Haw. 60 (2024). 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". The Hawaiʻi supreme court held that the statute does not require the exact words "actual innocence" to appear in the order. 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".
The legislature also finds that wrongful compensation claims in Hawaiʻi have often been subject to prolonged litigation and delay, including delay caused by the State. The prolonged uncertainty and financial hardship caused by a delay is unjust to those wrongfully convicted. In at least one situation, the wrongfully convicted individual passed away before receiving any compensation after almost a decade of litigation seeking compensation. The legislature finds that these unresolved claims are also a potential liability to the State. The legislature therefore concludes that rather than allow claims for compensation for wrongful conviction and imprisonment to languish for years, the law should be amended to give certainty to the budgeting process and to those were wrongfully convicted.
Accordingly, the purpose of this Act is to:
(1) Establish the procedure that a court of the State shall follow upon the reversal or vacation of an individual's judgment or conviction on grounds consistent with innocence, and where the chargers were dismissed;
(2) Require the State to pay advance compensation to any person 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;
(3) Require the department of corrections and rehabilitation to assign a case manager to a petitioner upon the petitioner's release;
(4) Require the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the chargers were dismissed;
(5) Require the comptroller to issue a warrant for payment of advance compensation to a petitioner;
(6) Require the department of the attorney general to submit an annual report to the legislature;
(7) Clarify that a person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the chargers were dismissed, may petition for redress; and
(8) Require the State to prove by a preponderance of evidence that the reversal or vacating of the order of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:
"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.
§661B-B Reversal or vacation of conviction; procedure. (a) Upon the reversal or vacation of a judgment or conviction on grounds consistent with innocence, and where the charges were dismissed, the court shall:
(1) Provide oral and written notice of the person's ability to file a claim under this chapter;
(2) Award advance compensation payments pursuant to section 661B-C;
(3) Order the department of corrections and rehabilitation to assign a case manager to the person pursuant to section 661B-D;
(4) Make the following findings:
(A) Whether the person was convicted in a court of the State and subsequently imprisoned for one or more crimes and the crime or crimes upon which that conviction was based were reversed or vacated;
(B) Whether the grounds for the reversal or vacation of the crime or crimes support the conclusion that the person did not commit the crime or crimes;
(C) Whether the chargers were dismissed;
(D) The number of years, months, and days that the person spent in prison for the crime or crimes described in subparagraph (B), including time served prior to conviction, if any; and
(E) At the rate of $50,000 for each year of actual confinement, including time spent awaiting trial, the amount of total compensation the person would receive under section 661B-3;
(5) If the person wishes to seek relief pursuant to this chapter at the time of the reversal or vacation and the court answers in the affirmative with respect to paragraphs (4)(A) and (B), the court shall order the award as calculated pursuant to paragraph (4)(E); provided that neither the State nor a county prosecuting authority have filed new charges based on the same alleged act or acts for which the petitioner was originally convicted; and
(6) Award reasonable attorney's fees not exceeding $10,000 pursuant so section 661B-3.
(c) A person does not waive their right to seek relief pursuant to this chapter if they do not elect to seek relief at the time of reversal or vacation.
§661B-C Advance compensation; requirements. (a) The State shall 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; provided that the chargers were dismissed and neither the State nor a county prosecuting authority have filed new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(b) Within five business days of the reversal or vacation the comptroller shall issue a warrant pursuant to section 40-51 for a payment of $5,000 to the petitioner. Subsequently, on the first day of every month, the comptroller shall issue a warrant for 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 pursuant to section 661B-3(c); provided that the payments shall cease if the attorney general or a county prosecuting attorney files new charges based on the same alleged act or acts for which the petitioner was originally convicted.
(c) Any advance compensation paid to the petitioner shall be deducted from any compensation to which the petitioner is entitled under this chapter. If the petition is subsequently denied, the petitioner shall not be required to repay any funds disbursed.
§661B-D Case manager; appointment. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the department of corrections and rehabilitation shall appoint a case manager to the person. Services shall commence immediately and continue for sixty days from the day of the person's release.
(b) Case manager duties shall include assisting the person in obtaining the following:
(1) Housing;
(2) State identification;
(3) Medical, dental, and mental health insurance and appointments;
(4) A cell phone; and
(5) Employment.
§661B-E Medical coverage; petitioner; spouse and dependents. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the person shall be eligible to obtain medical coverage from the State.
(b) The medical coverage offered under subsection (a) may include the person's spouse and dependents.
(c) The state shall provide medical coverage to a petitioner under subsection (a) for a period of time equal to that of the petitioner's wrongful imprisonment, including any period during which the petitioner was released on parole.
§661B-F Annual report. The department of the attorney general shall submit an annual report of its finding and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall detail the implementation and application of this chapter and shall include the following:
(1) The name of any person for whom their judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and for whom the charges were dismissed;
(2) Whether the State or a county prosecuting authority filed new charges based on the same alleged act or acts for which the petitioner was originally convicted;
(3) The court's findings pursuant so section 661B-B;
(4) Whether the person chose to seek relief and whether the person chose to do so at the time of reversal or vacation, or later;
(5) If the person, subsequent to the court's findings, filed a petition:
(A) The date the petition was filed;
(B) The circuit in which the petition was filed;
(C) Whether the department of the attorney general granted or denied the petition;
(D) The date that the department of the attorney general's response was filed; and
(E) The status of the petition on the date the report is submitted; and
(6) Whether any compensation has been made to the petitioner, including any advance compensation pursuant rendered pursuant to section 661B-C, and the dates that the compensation was disbursed.
SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-1[]] Statement of claim for compensation. [(a)] Any person convicted in a
court of the State and imprisoned for one or more crimes [of which the
person was actually innocent] for whom the judgment of conviction was
reversed or vacated, or who was pardoned, on grounds consistent with innocence,
and where the charges were dismissed, may file a petition for relief
pursuant to this chapter for an award of damages against the State; provided
that the requirements of [subsection (b)] this section are met[.];
provided further that the court has not previously awarded compensation to the
person pursuant to section 661B-C.
[(b)] To present
an actionable claim against the State for wrongful conviction and imprisonment,
the petitioner shall allege that the petitioner was convicted of one or more
crimes under the laws of the
State, was subsequently sentenced to a term of imprisonment, and has served all
or any part of the sentence and either that[:
(1) The] the judgment of conviction
was reversed or vacated [because the petitioner was actually innocent of the
crimes for which the petitioner was convicted, and the court decision so
states; or
(2) The] and the charges were
dismissed, or the petitioner was pardoned [because the petitioner was
actually innocent of the crimes for which the petitioner was convicted and the
pardon so states.] on grounds consistent with innocence and the charges
were dismissed."
SECTION 4. Section 661B-3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) through (c) to read:
"(a) The [petitioner]
State shall have the burden to prove by a preponderance of the evidence[:
(1) That the petitioner is eligible to
seek compensation in accordance with the requirements set forth in section
661B-1;
(2) That the petitioner was convicted in
a court of the State and subsequently imprisoned for one or more crimes, but
the petitioner was actually innocent of the crimes at issue; and
(3) That the petitioner served time in
prison for the crime or crimes, including time served prior to conviction, if
any.] that the reversal or vacating of the order of conviction for the
petitioner or the pardoning of the petitioner was inconsistent with innocence.
(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:
(1) The petitioner was serving a term of
imprisonment for another crime, including crimes under the laws of the United
States, concurrently with imprisonment for the crime or crimes for which the
petitioner, [was actually innocent;] whose judgment of
conviction was reversed or vacated or who was pardoned on grounds consistence
with innocence; provided that if the petitioner served additional time in
prison due to the conviction that is the basis of the petition, then the petitioner
shall receive compensation for that portion of the time served in prison during
which the petitioner was serving no other sentence;
(2) The petitioner committed perjury or fabricated evidence or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;
(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;
(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;
(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;
(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;
(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or
(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.
If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).
(c) If the court finds that the petitioner has [proven]
filed a claim for wrongful conviction and imprisonment[,] and
the State has not met its burden of proof under subsection (a) or proven an
affirmative defense pursuant to subsection (b), the court shall award the
petitioner $50,000 for each year of actual confinement, including time spent
awaiting trial, served by the petitioner for the crime or crimes for which the
petitioner was actually innocent; provided that:
(1) The petitioner shall not be compensated
for the time imprisoned if the petitioner was concurrently imprisoned for a different
conviction, even if the other conviction was related to the conviction that was
vacated or reversed or for which the petitioner was pardoned [because of
actual innocence;] on grounds consistent with innocence;
(2) The award shall be prorated for partial
years of imprisonment; [and]
(3) Any advance compensation paid to the petitioner shall be deducted from the award; and
[(3)] (4) If the court finds, by a preponderance
of the evidence, extraordinary circumstances pertain to a conviction that is
set aside or a pardon that is granted [because of actual innocence,] on
grounds consistent with innocence, the court may award the petitioner a
maximum of $100,000 in additional compensation."
2. By amending subsection (f) to read:
"(f) On all moneys
awarded to the petitioner for claims instituted under this chapter, interest
shall be computed at the rate of four per cent a year from the date of judgment
up to, but not exceeding, thirty days after the date of approval of any
appropriation act providing for payment of the judgment[.] or after
the date the comptroller was required to issue a warrant pursuant to section
661B-C."
SECTION 5. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§661B-6[]] Waiver of sovereign immunity. This chapter
shall constitute a waiver of sovereign immunity by the State only for the claims
brought pursuant to this chapter. The
State makes no other waiver of sovereign immunity, and fully retains its
sovereign immunity as to all other claims, however denominated, that seek compensation
of any kind or nature that are a result of, related to, or arise from a
conviction and imprisonment for crimes for which the claimant [alleges
actual innocence.] whose judgment of conviction was reversed or vacated,
or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in
favor of the State and against any waiver of sovereign immunity."
SECTION 6. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding
any other law, including the common law, to the contrary, this chapter sets
forth the exclusive remedy for any person seeking compensation of any kind or
nature whatsoever, as a result of, related to, or arising from a conviction and
imprisonment for crimes for which the person [was actually innocent.] whose
judgment of conviction was reversed or vacated, or who was pardoned, on grounds
consistent with innocence. This
section shall be strictly construed in favor of any person against whom a claim
is asserted, and against the person asserting the claim."
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
AG; DCR; DAGS; Wrongful Conviction and Imprisonment; Compensation; Annual Report
Description:
Establishes the procedure that a court of the State shall follow upon the reversal or vacation of an individual's judgment or conviction on grounds consistent with innocence, and where the chargers 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. Requires the Department of Corrections and Rehabilitation 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 a person's judgment of conviction on grounds consistent with innocence and where the chargers were dismissed. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies that a person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the chargers were dismissed, may petition for compensation. Requires the State to prove by a preponderance of evidence that the reversal or vacating of the order of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Feb 20, 2026 | Report 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). |
| Feb 20, 2026 | Reported from PBS (Stand. Com. Rep. No. 602-26) as amended in HD 2, recommending referral to FIN. |
| Feb 18, 2026 | The 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. |
| Feb 13, 2026 | Bill scheduled to be heard by PBS on Wednesday, 02-18-26 10:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Feb 12, 2026 | Passed 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). |
| Feb 12, 2026 | Reported from JHA (Stand. Com. Rep. No. 235-26) as amended in HD 1, recommending passage on Second Reading and referral to PBS. |
| Feb 10, 2026 | The 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. |
| Feb 6, 2026 | Bill scheduled to be heard by JHA on Tuesday, 02-10-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 2, 2026 | Referred to JHA, PBS, FIN, referral sheet 6 |
| Jan 28, 2026 | Introduced and Pass First Reading. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Feb 18, 2026 | The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Public Safety |
Passed |
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| Feb 10, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| CARES | ** Support | |
| Community Alliance on Prisons | ** Support | |
| County of Honolulu | ** Against | |
| Department of the Attorney General and Department of the Prosecuting Attorney of the City | ** Against | |
| Department of the Attorney General | *** Against | Feb 18, 2026 |
| Harrison Law Center | *** Support | Feb 10, 2026 |
| Hawai'i Innocence Project | *** Support | Feb 18, 2026 |
| Hawaiʻi Innocence Project | ** Support | |
| Law Offices of Setsuko Regina Gormley, LLLC | *** Support | Feb 10, 2026 |
| Office of the Public Defender | ** Support | |
| William S. Richardson School of Law | *** Support | Feb 10, 2026 |
| William S. Richardson School of Law, University of Hawaiʻi at Mānoa | *** Support | Feb 10, 2026 |
STAND. COM. REP. NO. 602-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2493
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Public Safety, to which was referred H.B. No. 2493, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO WRONGFUL IMPRISONMENT,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish the procedure that a trial 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;
(2) Require the State to pay advance compensation to any person 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;
(3) Require the Comptroller to issue a warrant for payment of advance compensation to a petitioner;
(4) Require the Adult Client Services Division or a contracted community-based agency to assign a case manager to a petitioner upon the petitioner's release;
(5) Require 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;
(6) Require the Department of the Attorney General to submit an annual report to the Legislature;
(7) Clarify eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and whose charges were dismissed; and
(8) Shift the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
Your Committee has amended this measure by:
(1) Clarifying that it is the circuit court, rather than the trial court, that must follow the prescribed procedure upon the reversal or vacation of an individual's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed;
(2) Requiring the Department of Human Services, in collaboration with the Department of Corrections and Rehabilitation, to assign a case manager to a person upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed;
(3) Requiring the Department of Human Services, in collaboration with the Department of Corrections and Rehabilitation, rather than the Adult Client Services Division, to contract with a community-based agency to appoint a case manager;
(4) Deleting the proposed medical coverage for the spouse or dependent of a person upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed;
(5) Providing that, for the purposes of effectuating the prescribed procedure in this measure, the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over a person upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed;
(6) Authorizing the State to seek reimbursement from the applicable county for any losses incurred by the State as a result of the prescribed procedure in this measure; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2493, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2493, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Public Safety,
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____________________________ DELLA AU BELATTI, Chair |
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STAND. COM. REP. NO. 235-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2493
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2493 entitled:
"A BILL FOR AN ACT RELATING TO WRONGFUL IMPRISONMENT,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish the procedure that a 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;
(2) Require the State to pay advance compensation to any person 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;
(3) Require the Department of Corrections and Rehabilitation to assign a case manager to a petitioner upon the petitioner's release;
(4) Require 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;
(5) Require the Department of the Attorney General to submit an annual report to the Legislature;
(6) Clarify eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and whose charges were dismissed; and
(7) Shift the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.
Your Committee received testimony in support of this measure from Office of the Public Defender; Hawaiʻi Innocence Project; Community Alliance on Prisons; and three individuals. Your Committee received testimony in opposition to this measure from the Department of the Attorney General. Your Committee received comments on this measure from the Judiciary and Department of Corrections and Rehabilitation.
Your Committee finds that although Act 156, Session Laws of Hawaii 2016, was intended to compensate individuals who were wrongfully convicted and imprisoned, claimants have had difficulty obtaining compensation due in part to prolonged litigation and delay, resulting in continued hardship and uncertainty for affected individuals. This measure seeks to reduce delay, provide immediate support to wrongfully imprisoned individuals, and bring greater certainty to the State's compensation process.
Your Committee has amended this measure by:
(1) Amending the preamble;
(2) Clarifying that the procedure a 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, applies to the trial court in which the charge was originally filed;
(3) Clarifying that if the court orders an award of compensation, it should not also award advance payments;
(4) Requiring the Adult Client Services Division or a contracted community-based agency to assign a case manager to a petitioner upon the petitioner's release;
(5) Clarifying that a person may not file a petition for relief if the court has previously awarded compensation to the person under the procedure established by this measure;
(6) Clarifying that petitioners are entitled to compensation if the judgment of conviction was reversed or vacated, or if the petitioner was pardoned, on grounds consistent with innocence, rather than requiring a determination of actual innocence;
(7) Changing the effective date to July 1, 3000, to encourage further discussion; and
(8) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2493, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2493, H.D. 1, and be referred to your Committee on Public Safety.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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Date
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Testimony PDF
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| Feb 18, 2026 | HB2493_HD1_TESTIMONY_PBS_02-18-26_.PDF |
| Feb 10, 2026 | HB2493_TESTIMONY_JHA_02-10-26_.PDF |
Discussed in Hearing
43MIN
House Standing Committee on Public Safety
5MIN
House Standing Committee on Public Safety
1MIN
House Floor
34MIN
House Standing Committee on Judiciary & Hawaiian Affairs
Bill Author
Bill Co-Author(s):