HB 2493 Hawaii House · 2026 Regular Session

RELATING TO WRONGFUL IMPRISONMENT.

Summary
Establishes the procedure that a circuit 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. Requires the State to 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. Requires the Comptroller to issue a warrant for payment of advance compensation to a petitioner. Requires the Department of Human Services, in collaboration with the Department of Corrections and Rehabilitation, to contract with a community-based agency to assign a case manager to a petitioner upon the petitioner's release. Requires 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. Provides that the Judiciary and Department of Corrections and Rehabilitation shall retain jurisdiction over the person for the purposes of effectuating this process. Authorizes the State to seek reimbursement from the applicable county for any losses incurred by the State pursuant to this process. Requires the Department of the Attorney General to submit an annual report to the Legislature. Clarifies eligibility to seek compensation for individuals whose judgment of conviction was reversed or vacated, or who were pardoned, on grounds consistent with innocence, and where the charges were dismissed. Shifts the burden of proof to the State to prove by a preponderance of evidence that the reversal or vacation of the judgment of conviction for a petitioner, or the pardoning of the petitioner, was inconsistent with innocence. Effective 7/1/3000. (HD2)
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 28, 2026 Last action Feb 20, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

HB2493_HD1 HB2493_HD2 · 5 edits
MODERATE
HB 2493 was revised to align with the Hawaii Supreme Court's decision in Jardine v. State, shifting the focus from 'trial courts' to 'circuit courts' and clarifying that the 'actually innocent' standard is not a strict requirement. The bill now explicitly requires the Department of Human Services to partner with the Department of Corrections to manage case managers, adds a new provision allowing the State to seek reimbursement from counties for incurred costs, and clarifies that the Judiciary and DOC retain jurisdiction over individuals during the process.
Scope change
The bill's scope expanded to include the Department of Human Services as a primary administrator for case management and introduced a new mechanism for the State to recover costs from counties.
REQUIREMENT

Changed the responsible court from 'trial court' to 'circuit court' for handling innocence-based petitions.

Replaced the 'Adult Client Services Division' with the 'Department of Human Services' to contract with community agencies for case management.

FISCAL

Added a new section authorizing the State to seek reimbursement from applicable counties for losses incurred under the compensation chapter.

ENFORCEMENT

Clarified that the Judiciary and Department of Corrections and Rehabilitation retain jurisdiction over the person for the purpose of effectuating the chapter.

DEFINITION

Adjusted statutory language to reflect that the 'actually innocent' standard is not a strict prerequisite for reversal or vacation under the cited court decision.

Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
5
Feb 20, 2026
Lower · Passed
Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Pierick voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
lower
Feb 20, 2026
Committee
Reported from PBS (Stand. Com. Rep. No. 602-26) as amended in HD 2, recommending referral to FIN.
lower
Feb 18, 2026
Lower · Passed
The committee on PBS recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Belatti, Iwamoto, Hashem, Ichiyama, Morikawa, Poepoe, Woodson, Shimizu, Souza; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
lower
Feb 12, 2026
Committee
Reported from JHA (Stand. Com. Rep. No. 235-26) as amended in HD 1, recommending passage on Second Reading and referral to PBS.
lower
Feb 10, 2026
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Cochran, Garcia, Shimizu; Noes: none; and Excused: none.
lower
Feb 2, 2026
Committee
Referred to JHA, PBS, FIN, referral sheet 6
lower
Jan 28, 2026
Introduced
Introduced and Pass First Reading.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of David Tarnas
David Tarnas
DDemocratic
HI
8