SB 169 Hawaii Senate · 2026 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 passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

Senate Passage

Feb 2025

House Passage

Governor

Introduced Jan 13, 2025 Last action Dec 8, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

SB169_SD1 → SB169_SD1_PROPOSED · 5 edits

MODERATE

This bill restructures the wrongful conviction compensation process by shifting the burden of proof to the State and introducing a presumption of entitlement for eligible petitioners. It replaces the previous requirement for a specific 'actual innocence' finding with a broader standard of 'grounds consistent with innocence' to expand eligibility. Additionally, it modifies the advance payment schedule and clarifies that petitioners do not need to repay funds if their claim is later denied.

Scope change

The bill expands the scope of eligible petitioners by removing the strict 'actual innocence' language and replacing it with 'grounds consistent with innocence', thereby allowing more individuals to qualify for compensation.

ELIGIBILITY

Replaced the requirement for a finding of 'actual innocence' with the broader standard of 'grounds consistent with innocence' to determine eligibility for compensation.

REQUIREMENT

Changed the burden of proof so the State must prove the petitioner is ineligible or committed misconduct, rather than the petitioner having to prove innocence.

Established a presumption that petitions filed by individuals with reversed convictions or pardons are valid unless the State proves otherwise.

FISCAL

Modified the advance compensation process to ensure payments cease if new charges are filed, and clarified that denied petitioners do not need to repay advance funds.

DEFINITION

Updated the statutory language to remove references to 'actual innocence' and align the definition of wrongful conviction with the new 'grounds consistent with innocence' standard.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 14, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

upper

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

4 primary · 4 co-sponsors