HI HB2829

Establishes a five-year time limit for filing habeas corpus complaints and post-conviction relief petitions under the Hawaii Rules of Penal Procedure, measured from the later of: judgment finality, removal of government-created constitutional impediments, recognition of new retroactive constitutional rules, or discovery of new evidence through due diligence.

Allows exceptions to the five-year deadline for newly created constitutional rules made retroactively applicable by state or federal courts, constitutional violations by government action, or newly discovered evidence that would establish innocence by preponderance of the evidence.

Restricts successive post-conviction complaints by dismissing new claims not previously presented unless they rely on newly available constitutional law made retroactive or are based on facts that could not have been discovered through due diligence and would establish innocence by clear and convincing evidence.

Does not apply to motions, petitions, or appeals filed under part XI of chapter 844D.

Takes effect on January 7, 2059.