SB 3294 Hawaii Senate · 2026 Regular Session

RELATING TO WRONGFUL IMPRISONMENT.

Summary

Establishes the procedure that a circuit court shall follow upon the reversal or vacation of a person's judgment of conviction on grounds consistent with innocence, and where the charges were dismissed. Requires the State to pay, through a warrant for payment issued by the Comptroller, 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 Department of Corrections and Rehabilitation to immediately notify the Department of Human Services so the Department of Human Services may 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 persons 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)

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Apr 2026

Senate Passage

Mar 2026

House Passage

Apr 2026

Governor

Introduced Jan 30, 2026 Last action Apr 20, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

SB3294_SD1 → SB3294_SD2 · 5 edits

MODERATE

This bill revision updates administrative metadata, such as the session number and dates, while significantly expanding the legislative findings to address recent court rulings. Most importantly, it adds new protections for wrongful conviction claimants by prohibiting the Attorney General from using state compensation awards to pay off debts owed to third parties and clarifying that these awards do not settle claims against individuals other than the State.

Scope change

The bill's scope remains focused on the wrongful conviction compensation scheme, but the applicability of the compensation is now explicitly limited to claims against the State, shielding the award from third-party liens or offsets.

REQUIREMENT

Added a new requirement prohibiting the Attorney General from offsetting third-party claims against wrongful conviction compensation awards.

Added a new provision specifying that compensation awards only settle claims against the State and do not affect claims against other entities.

Added a new provision stating that a claimant's death before a final judgment causes their claim to abate entirely.

Modified the burden of proof requirement to clarify that the State must prove the reversal of conviction was inconsistent with innocence.

TECHNICAL

Updated session identifiers, dates, and internal tracking numbers to reflect the second session of the 2026 legislature.

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

Amendments

Apr 16, 2026

Amended

Senate disagrees with House amendments.

upper

Apr 16, 2026

Introduced

Received from House (Hse. Com. No. 774).

upper

Apr 14, 2026

Lower · Passed

Passed Third Reading with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.

lower

Apr 7, 2026

Lower · Passed

The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Alcos, Gedeon, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

Mar 30, 2026

Lower · Passed

Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).

lower

Mar 30, 2026

Committee

Reported from PBS (Stand. Com. Rep. No. 1480-26) as amended in HD 2, recommending referral to FIN.

lower

Mar 25, 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; Noes: none; and Excused: none.

lower

Mar 20, 2026

Committee

Reported from JHA (Stand. Com. Rep. No. 1267-26) as amended in HD 1, recommending passage on Second Reading and referral to PBS.

lower

Mar 18, 2026

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Hashem, Sayama, Cochran.

lower

Mar 12, 2026

Committee

Referred to JHA, PBS, FIN, referral sheet 17

lower

Mar 10, 2026

Introduced

Received from Senate (Sen. Com. No. 399) in amended form (SD 2).

lower

Mar 10, 2026

Upper · Passed

Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Mar 4, 2026

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Mar 4, 2026

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Mar 2, 2026

Upper · Passed

The committee(s) on JDC/WAM will hold a public decision making on 03-04-26 10:35AM; Conference Room 211 & Videoconference.

upper

Feb 20, 2026

Upper · Passed

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

upper

Feb 20, 2026

Committee

Reported from GVO (Stand. Com. Rep. No. 2686) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.

upper

Feb 19, 2026

Upper · Passed

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

upper

Feb 13, 2026

Upper · Passed

The committee(s) on GVO has scheduled a public hearing on 02-17-26 3:45PM; Conference Room 225 & Videoconference.

upper

Feb 10, 2026

Committee

Re-Referred to GVO, JDC/WAM.

upper

Feb 2, 2026

Committee

Referred to GVO/PSM, JDC/WAM.

upper

Jan 30, 2026

Introduced

Introduced.

upper

5 primary · 0 co-sponsors