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HI SB145
Bill
Status
1/22/2015
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Creates a new compensation statute allowing wrongfully convicted and imprisoned individuals to seek damages through Hawaii circuit courts.
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Requires claimants to prove by preponderance of evidence they were convicted, imprisoned, and subsequently pardoned or had their conviction vacated on grounds consistent with innocence, with charges dismissed or acquittal on retrial.
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Mandates courts award monetary damages of not less than a specified amount per year of incarceration (adjusted for inflation), plus compensation for parole/probation time, lifetime health care, educational reimbursement, child support arrearages, and reasonable attorneys' fees capped at 10 percent of the damage award.
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Provides immediate services for up to three years upon release including housing, education, vocational training, transportation, subsistence assistance, and mental and physical health care, determined through review by the Department of Human Services.
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Allows claimants three years from pardon or judicial relief to file a claim, with amendments to expungement law to include those found eligible for wrongful imprisonment redress.
Legislative Description
Crime; Wrongful Conviction and Imprisonment; Innocence Redress
Last Action
The committee on JDL deferred the measure.
2/17/2015