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HI HB148

Bill

Status

Enrolled

4/14/2015

Primary Sponsor

Joseph Souki

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Origin

House of Representatives

2015 Regular Session

AI Summary

HB 148 Summary

  • Creates a new compensation statute allowing persons wrongfully convicted and imprisoned in Hawaii to petition for damages against the State if they meet specific criteria including a pardon on grounds of innocence, reversal/vacation of conviction, or constitutional violation.

  • Awards minimum $50,000 per year of imprisonment (pro-rated for partial years) plus $25,000 per year on parole/probation/sex offender registry, adjusted for inflation, covering economic and non-economic damages including lost wages and medical expenses.

  • Provides lifetime health care coverage (physical, dental, mental), tuition waivers for the claimant and biological children at University of Hawaii institutions or vocational programs, and reimbursement for child support arrearages accrued during imprisonment.

  • Establishes that damage awards are not subject to caps, taxes (except attorney fees), or offset by State incarceration costs; requires courts to order expungement of wrongful conviction records.

  • Mandates courts and parole authorities provide written notice of compensation rights to eligible persons; establishes three-year filing deadline from grant of pardon or judicial relief, with extensions for those who did not receive proper notice.

Legislative Description

Crime; Wrongful Conviction and Imprisonment; Innocence Redress

Last Action

Conference Committee Meeting will reconvene on Friday, 05-01-15 at 5:30 PM in Conference Room 325.

5/1/2015

Committee Referrals

Ways and Means3/25/2015
Judiciary and Labor3/12/2015
Finance2/20/2015
Judiciary1/26/2015

Full Bill Text

No bill text available
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