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HI HB432
Bill
Status
1/23/2023
Primary Sponsor
David Tarnas
Click for details
AI Summary
HB 432 Summary
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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.
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Establishes a 90-day filing deadline for defendants to file motions for judicial review of minimum term of imprisonment orders with the sentencing court.
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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.
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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.
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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