HI HB1046

Creates a new compensation statute for persons wrongfully convicted and imprisoned in Hawaii, establishing a petition-based redress process through circuit courts.

Eligible claimants must have had their conviction reversed/vacated or been pardoned based on actual innocence, with claims filed within two years of reversal/pardon or by July 1, 2018 for prior convictions.

Awards $50,000 per year of actual confinement (pro-rated for partial years), with up to an additional $100,000 for extraordinary circumstances, plus reasonable attorney's fees up to $10,000.

Establishes affirmative defenses allowing the State to deny compensation if the petitioner committed perjury, fabricated evidence, solicited/conspired/attempted the crime, or assisted in its commission or the offender's escape.

Amends expungement law to allow persons found eligible for redress under the new chapter to obtain expungement of arrest records, making this statute the exclusive remedy for wrongful conviction compensation claims.