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HI HB273
Bill
Status
1/22/2013
Primary Sponsor
Karl Rhoads
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AI Summary
H.B. 273 Summary
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Creates a new compensation statute for persons wrongfully convicted and imprisoned, allowing them to seek damages through circuit courts if they can demonstrate innocence by documentary evidence.
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Requires claimants to prove by preponderance of evidence they did not commit the crime(s) and did not commit perjury or fabricate evidence, with eligibility triggered by pardon on grounds consistent with innocence or reversal/vacation of conviction.
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Awards successful claimants a minimum amount per year of incarceration plus additional compensation for parole/probation time, lifetime health care through Hawaii's employer-union health benefits trust fund, education/vocational training reimbursement, and reasonable attorneys' fees.
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Provides immediate services for up to three years upon release including housing, education, vocational training, transportation, subsistence assistance, and mental/physical health care, with needs determined by the Department of Human Services.
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Establishes a three-year statute of limitations from the grant of pardon or judicial relief, with the clock tolling during any State appeals of that relief; applies to all persons convicted and released prior to the act's effective date.
Legislative Description
Crime; Wrongful Conviction and Imprisonment; Innocence Redress
Last Action
The committee(s) on PBS recommend(s) that the measure be deferred.
1/31/2013