HB1325

HOUSE OF REPRESENTATIVES	H.B. NO.	1325
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WRONGFUL CONVICTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 641, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . POST-CONVICTION REVIEW

§641- Habeas corpus for post-conviction review. (a) Any person imprisoned or restrained of their liberty, under any pretense, may petition for a writ of habeas corpus for post‑conviction review to inquire into the cause of the imprisonment or restraint.

(b) A person may petition a court of competent jurisdiction for a writ of habeas corpus for post-conviction review by asserting the following:

(1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against the person at a hearing or trial relating to the person's incarceration;

(2) An opinion of an expert that has either been repudiated by the expert who originally provided the opinion at a hearing or trial or that has been undermined by further scientific knowledge or later scientific research or technological advances was a material factor directly related to a plea of guilty by the person or a conviction of the person;

(3) New evidence has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching, and is likely to have changed the outcome of the trial; or

(4) A significant dispute has emerged or further developed in the person's favor regarding expert medical, scientific, or forensic testimony that was introduced at trial and contributed to the conviction, is likely to have changed the outcome at trial, including:

(A) Any conclusion or the scientific, forensic, or medical facts upon which the conclusion is based;

(B) The reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific or forensic expert based their testimony; and

(C) Information from credible expert testimony or declaration, or by peer-reviewed literature showing that experts in the relevant medical, scientific, or forensic community, substantial in number or expertise, have concluded that developments have occurred that undermine the reliability or validity of the diagnosis, technique, method, theory, research, or study upon which a medical, scientific, or forensic expert based their testimony.

(c) In assessing whether a dispute is significant, the court shall give great weight to evidence that a consensus has developed in the relevant medical, scientific, or forensic community undermining the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony or that there is a lack of consensus as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.

(d) The supreme court shall establish rules regarding the form and content of the petition, the respondent to the petition, a hearing on the petition, disposition and review of the petition, and referral to the public defender if the person is indigent.

(e) This section does not:

(1) Change the existing procedures for habeas relief; or

(2) Limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies.

(f) This section shall not create additional liabilities, beyond those already recognized, for an expert who repudiates the original opinion provided at a hearing or trial or whose opinion has been undermined by scientific research, technological advancements, or because of a reasonable dispute within the expert's relevant scientific community as to the validity of the methods, theories, research, or studies upon which the expert based their opinion."

SECTION 2. Chapter 641, Hawaii Revised Statutes, is amended by amending the title to read as follows:

"CHAPTER 641

APPEALS AND POST-CONVICTION REVIEW"

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________