HB2493 HD1

SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016, (Act 156) was enacted to monetarily compensate individuals who had been wrongfully convicted and imprisoned in the Hawaiʻi criminal justice system. Act 156 established a compensation scheme, which has been in effect for several years, to provide redress to those who have been wrongfully imprisoned.

The legislature further finds that in its findings for Act 156, it found that individuals who were wrongfully convicted and imprisoned by the State deserved "an avenue of redress over and above the existing tort remedies to seek compensation for damages from the jurisdiction that convicted and imprisoned them". The legislature also finds that existing law stipulates that if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is required to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognized that although the compensation process requires court trials to determine whether a petitioner is entitled to compensation and the amount of compensation, in practice, petitioners have been subjected to lengthy trials.

The legislature recognizes the recent Hawaii supreme court decision in Jardine v. State, 155 Hawaii 60 (2024). The court considered the language of section 661B-1, Hawaii Revised Statutes, which in part requires that a petitioner's judgment of conviction be reversed or vacated "because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states". The Hawaii supreme court held that the statute does not require the exact words "actually innocent" to appear in the order. However, the court also held that the statute "does, however, require that such an order state a finding that supports a petitioner's 'actual innocence' – that is, the order should support the conclusion that the petitioner did not commit the crime".

The legislature also finds that wrongful compensation claims in Hawaii have often been subject to prolonged litigation and delay, including delay caused by the State. The prolonged uncertainty and financial hardship caused by a delay are unjust to those wrongfully convicted. In at least one situation, the wrongfully convicted individual passed away before receiving any compensation after almost a decade of litigation seeking compensation. The legislature finds that these unresolved claims are also a potential liability to the State. The legislature therefore concludes that rather than allow claims for compensation for wrongful conviction and imprisonment to languish for years, the law should be amended to give certainty to the budgeting process and to those who were wrongfully convicted.

Accordingly, the purpose of this Act is to:

(1) Establish the procedure that a trial court shall follow upon the reversal or vacation of an individual's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed;

(2) Require the State to pay advance compensation to any person who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence;

(3) Require the comptroller to issue a warrant for payment of advance compensation to a petitioner;

(4) Require the adult client services division or a contracted community-based agency to assign a case manager to a petitioner upon the petitioner's release;

(5) Require the State to provide medical coverage to a person for a certain duration upon the reversal or vacation of the person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed;

(6) Require the department of the attorney general to submit an annual report to the legislature;

(7) Clarify eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and whose charges were dismissed; and

(8) Shift the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacating of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence.

SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:

"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.

§661B-B Reversal or vacation of conviction; procedure. (a) Upon the reversal or vacation of a judgment of conviction on grounds consistent with innocence, and where the charges were dismissed, the trial court where the charge was originally filed shall:

(1) Provide oral and written notice of the person's ability to file a claim under this chapter;

(2) Award advance compensation payments pursuant to section 661B-C unless the court orders the award under paragraph (5);

(3) Order the department of corrections and rehabilitation to assign a case manager to the person pursuant to section 661B-D;

(4) Make the following findings:

(A) Whether the person was convicted in a court of the State and subsequently imprisoned for one or more crimes and the crime or crimes upon which that conviction was based were reversed or vacated;

(B) Whether the grounds for the reversal or vacation of the crime or crimes support the conclusion that the person did not commit the crime or crimes;

(D) The number of years, months, and days that the person spent in prison for the crime or crimes described in subparagraph (B), including time served before conviction, if any; and

(E) At the rate of $50,000 for each year of actual confinement, including time spent awaiting trial, the total amount of compensation the person would receive under section 661B-3;

(5) If the person wishes to seek relief pursuant to this chapter at the time of the reversal or vacation and the court answers in the affirmative with respect to paragraphs (4)(A) and (B), the court shall order the award as calculated pursuant to paragraph (4)(E); provided that neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted; and

(6) Award reasonable attorney's fees not exceeding $10,000 pursuant to section 661B-3.

(b) A person does not waive their right to seek relief pursuant to this chapter if they do not elect to seek relief at the time of reversal or vacation.

§661B-C Advance compensation; requirements. (a) The State shall pay advance compensation to any petitioner who was convicted in a court of the State, imprisoned for at least one year, and whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence; provided that the charges were dismissed and neither the State nor a county prosecuting authority has filed new charges based on the same alleged act or acts for which the petitioner was originally convicted.

(b) Within five business days of the reversal or vacation, the comptroller shall issue a warrant pursuant to section 40-51 for a payment of $5,000 to the petitioner. Subsequently, on the first day of every month, the comptroller shall issue a warrant for a payment of $5,000 to the petitioner until the State has paid in the aggregate an amount equal to the payment for one year of imprisonment pursuant to section 661B-3(c); provided that the payments shall cease if the attorney general or a county prosecuting attorney files new charges based on the same alleged act or acts for which the petitioner was originally convicted.

(c) Any advance compensation paid to the petitioner shall be deducted from any compensation to which the petitioner is entitled under this chapter. If the petition is subsequently denied, the petitioner shall not be required to repay any funds disbursed.

§661B-D Case manager; appointment. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the adult client services division or a contracted community-based agency shall appoint a case manager to the person. Services shall commence immediately and continue for sixty days from the day of the person's release.

(b) Case manager duties shall include assisting the person in obtaining the following:

(1) Housing;

(2) State identification;

(3) Medical, dental, and mental health insurance and appointments;

(4) A cell phone; and

(5) Employment.

§661B-E Medical coverage; petitioner; spouse and dependents. (a) Upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence and where the charges were dismissed, the person shall be eligible to obtain medical coverage from the State.

(b) The medical coverage offered under subsection (a) may include the person's spouse and dependents.

(c) The State shall provide medical coverage to a petitioner under subsection (a) for a period of time equal to that of the petitioner's wrongful imprisonment, including any period during which the petitioner was released on parole.

§661B-F Annual report. The department of the attorney general shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. The report shall detail the implementation and application of this chapter and shall include the following:

(1) The name of any person whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and whose charges were dismissed;

(2) Whether the State or a county prosecuting authority filed new charges based on the same alleged act or acts for which the petitioner was originally convicted;

(3) The court's findings pursuant to section 661B-B;

(4) Whether the person chose to seek relief and whether the person chose to do so at the time of reversal or vacation, or later;

(5) If the person, subsequent to the court's findings, filed a petition:

(A) The date the petition was filed;

(B) The circuit in which the petition was filed;

(D) The date that the department of the attorney general's response was filed; and

(E) The status of the petition on the date the report is submitted; and

(6) Whether any compensation has been made to the petitioner, including any advance compensation rendered pursuant to section 661B-C, and the dates that the compensation was disbursed."

SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-1[]] Statement of claim for compensation. [~~(a)~~] Any person convicted in a court of the State and imprisoned for one or more crimes [~~of which the person was actually innocent~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, and where the charges were dismissed, may file a petition for relief pursuant to this chapter for an award of damages against the State; provided that the requirements of [~~subsection (b)~~] this section are met[.]; provided further that the court has not previously awarded compensation to the person pursuant to section 661B-B.

[~~(b)~~] To present an actionable claim against the State for wrongful conviction and imprisonment, the petitioner shall allege that the petitioner was convicted of one or more crimes under the laws of the State, was subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence and either that:

(1) The judgment of conviction was reversed or vacated [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states~~]; or

(2) The petitioner was pardoned [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted and the pardon so states.~~],

on grounds consistent with innocence and where the charges were dismissed."

SECTION 4. Section 661B-3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) through (c) to read:

"(a) The [~~petitioner~~] State shall have the burden to prove by a preponderance of the evidence[:

~~(1)~~ ~~That the petitioner is eligible to seek compensation in accordance with the requirements set forth in section 661B-1;~~

~~(2)~~ ~~That the petitioner was convicted in a court of the State and subsequently imprisoned for one or more crimes, but the petitioner was actually innocent of the crimes at issue; and~~

~~(3)~~ ~~That the petitioner served time in prison for the crime or crimes, including time served prior to conviction, if any.~~] that the reversal or vacating of the judgment of conviction for the petitioner or the pardoning of the petitioner was inconsistent with innocence.

(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:

(1) The petitioner was serving a term of imprisonment for another crime, including crimes under the laws of the United States, concurrently with imprisonment for the crime or crimes for which the petitioner, [~~was actually innocent;~~] whose judgment of conviction was reversed or vacated or who was pardoned on grounds consistent with innocence; provided that if the petitioner served additional time in prison due to the conviction that is the basis of the petition, then the petitioner shall receive compensation for that portion of the time served in prison during which the petitioner was serving no other sentence;

(2) The petitioner committed perjury or fabricated evidence or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;

(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;

(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;

(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;

(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;

(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or

(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.

If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).

(c) If the court finds that the petitioner has [~~proven~~] filed a claim for wrongful conviction and imprisonment[,] and the State has not met its burden of proof under subsection (a) or proven an affirmative defense pursuant to subsection (b), the court shall award the petitioner $50,000 for each year of actual confinement, including time spent awaiting trial, served by the petitioner for the crime or crimes for which the [~~petitioner was actually innocent;~~] judgment of conviction was reversed or vacated or for which the petitioner was pardoned on grounds consistent with innocence; provided that:

(1) The petitioner shall not be compensated for the time imprisoned if the petitioner was concurrently imprisoned for a different conviction, even if the other conviction was related to the conviction that was vacated or reversed or for which the petitioner was pardoned [~~because of actual innocence;~~] on grounds consistent with innocence;

(2) The award shall be prorated for partial years of imprisonment; [~~and~~]

(3) Any advance compensation paid to the petitioner shall be deducted from the award; and

[~~(3)~~] (4) If the court finds, by a preponderance of the evidence, extraordinary circumstances pertain to a conviction that is set aside or a pardon that is granted [~~because of actual innocence,~~] on grounds consistent with innocence, the court may award the petitioner a maximum of $100,000 in additional compensation."

2. By amending subsection (f) to read:

"(f) On all moneys awarded to the petitioner for claims instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment[.] or after the date the comptroller was required to issue a warrant pursuant to section 661B-C."

SECTION 5. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-6[]] Waiver of sovereign immunity. This chapter shall constitute a waiver of sovereign immunity by the State only for the claims brought pursuant to this chapter. The State makes no other waiver of sovereign immunity, and fully retains its sovereign immunity as to all other claims, however denominated, that seek compensation of any kind or nature that are a result of, related to, or arise from a conviction and imprisonment for crimes for which the claimant [~~alleges actual innocence.~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in favor of the State and against any waiver of sovereign immunity."

SECTION 6. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related to, or arising from a conviction and imprisonment for crimes for which the person [~~was actually innocent.~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence. This section shall be strictly construed in favor of any person against whom a claim is asserted, and against the person asserting the claim."

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2493
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII