Loading chat...

HI HB432

Bill

Status

Introduced

1/23/2023

Primary Sponsor

David Tarnas

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

HB 432 Summary

  • Allows parties aggrieved by orders of the Hawaii Paroling Authority to appeal to the intermediate appellate court, amending HRS §641-11 to include paroling authority orders alongside circuit court judgments in criminal matters.

  • Establishes a 90-day filing deadline for defendants to file motions for judicial review of minimum term of imprisonment orders with the sentencing court.

  • Creates six grounds for judicial review including constitutional or statutory violations, excess of authority, unlawful procedure, error of law, clear error of fact, and arbitrary or capricious action.

  • Allows public defenders to continue representing defendants on appeal of minimum term orders, eliminating the previous gap in indigent representation that occurred when judicial review was treated as a new civil action.

  • Takes effect upon approval and does not affect rights, duties, or proceedings that began before the effective date.

Legislative Description

Relating To Appeals.

Parole

Last Action

The committee(s) on CMV recommend(s) that the measure be deferred.

2/8/2023

Committee Referrals

Corrections, Military, & Veterans1/25/2023

Full Bill Text

No bill text available