SB 169 Hawaii Senate · 2025 Regular Session

RELATING TO REDRESS FOR WRONGFUL CONVICTION AND IMPRISONMENT.

Summary

Requires the Department of Corrections and Rehabilitation to provide written notice to certain persons regarding the ability to file a claim for redress under applicable wrongful conviction law. Requires the liberal construction of that law. Changes the standard for a claim for compensation for wrongful imprisonment from actual innocence to grounds consistent with innocence. Provides for advance compensation for petitioners under certain circumstances. Requires the State to prove, for claims for compensation for wrongful imprisonment, that the reversal or vacating of the petitioner's conviction or pardoning of the petitioner was inconsistent with innocence. Requires reports to Legislature from the Department of the Attorney General. (SD1)

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 13, 2025 Last action Feb 14, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

SB169_SD1 → SB169_SD1_PROPOSED · 5 edits

MODERATE

This bill streamlines the wrongful conviction compensation process in Hawaii by establishing automatic eligibility for petitioners whose convictions are reversed on innocence grounds, creating a presumption of entitlement, and implementing advance payments of $5,000 monthly until one year of compensation is paid. The changes aim to reduce lengthy trials, provide faster relief to wrongfully convicted individuals, and improve budgeting certainty for the state.

Scope change

Expands procedural protections and eligibility presumptions for compensation claims, shifting from a trial-based determination to a more streamlined process with advance payments and automatic admission under certain conditions.

ELIGIBILITY

Establishes a presumption that petitions are valid when convictions are reversed with findings supporting actual innocence, eliminating the need for separate eligibility hearings.

FISCAL

Creates advance compensation mechanism paying $5,000 monthly until one year of compensation is paid, with no repayment required if the petition is later denied.

REQUIREMENT

Replaces automatic entitlement after two weeks of inactivity with a 60-day deadline for the attorney general to admit or deny claims, followed by trial only if contested.

TIMELINE

Requires annual reports from the attorney general to the legislature on petition status and compensation payments for 2026-2028.

ENFORCEMENT

Adds provisions preventing third-party intervention in proceedings while clarifying the role of prosecuting authorities when the attorney general did not obtain the conviction.

SB169 → SB169_SD1 · 7 edits

MODERATE

This bill modernizes Hawaii's wrongful conviction compensation law by streamlining the claims process, introducing advance payments to help petitioners while their cases are pending, and adjusting the legal standard from requiring 'actual innocence' to 'grounds consistent with innocence.' The changes aim to reduce delays, provide financial relief sooner, and align the statute with recent court rulings.

Scope change

The bill expands the scope by adding new procedural sections to the existing chapter and modifying the standard for determining eligibility from 'actual innocence' to 'grounds consistent with innocence,' which may broaden the pool of eligible petitioners.

FISCAL

New advance compensation payments of $5,000 per month are authorized to be issued within seven days of filing, up to the equivalent of one year's compensation, to provide immediate financial relief while claims are being processed.

ELIGIBILITY

The legal standard for compensation eligibility was changed from requiring proof of 'actual innocence' to requiring 'grounds consistent with innocence,' potentially making it easier for petitioners to qualify for compensation.

REQUIREMENT

A new automatic petition filing procedure was added where courts will deem a petition filed upon reversal or vacation of conviction, eliminating the need for petitioners to formally file paperwork in many cases.

The Department of Corrections and Rehabilitation must now provide written notice to individuals whose convictions were reversed or pardoned informing them of their right to file compensation claims.

TIMELINE

The attorney general now has 60 days to respond to petitions (previously 7 days for advance payments), and advance payments must be issued within 7 days of service, creating clearer timelines for both claimants and the state.

ENFORCEMENT

New provisions allow courts to appoint attorneys for petitioners when justice requires and establish that cases will be tried without a jury unless all parties consent to a jury trial.

DEFINITION

New statutory sections were added to clarify liberal construction of the chapter, advance payment procedures, and exclusive remedy provisions to ensure consistent application of the law.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 14, 2025

Committee

Reported from JDC (Stand. Com. Rep. No. 636) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 11, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) San Buenaventura.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 02-11-25 9:30AM; Conference Room 016 & Videoconference.

upper

Jan 17, 2025

Committee

Referred to JDC, WAM.

upper

Jan 15, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 13, 2025

Introduced

Pending Introduction.

upper

3 primary · 4 co-sponsors