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HI HB273
Bill
Status
1/22/2013
Primary Sponsor
Karl Rhoads
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AI Summary
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Establishes a new compensation statute for individuals wrongfully convicted and imprisoned in Hawaii, allowing them to seek damages beyond existing tort remedies.
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Claimants must prove by preponderance of evidence they were convicted, imprisoned, and subsequently pardoned on grounds consistent with innocence or had their conviction vacated/reversed with charges dismissed or acquittal at retrial.
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Awards compensation including minimum monetary damages per year of incarceration, lifetime health care through the employer-union health benefits trust fund, education/vocational training reimbursement, child support compensation, and reasonable attorneys' fees (10% of award, capped amount).
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Damage awards are not subject to caps, taxes (except attorney fees portion), or treatment as gross income, and cannot be offset by state expenses for custody or incarceration costs.
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Requires courts to notify eligible individuals of their rights under this chapter and establishes a three-year filing deadline from the date of pardon or judicial relief, with provisions for immediate services upon release including housing, education, transportation, and mental health care.
Legislative Description
Crime; Wrongful Conviction and Imprisonment; Innocence Redress
Last Action
Carried over to 2014 Regular Session.
12/18/2013