SB3127

Report Title:

Claims for Wrongful Conviction and Imprisonment

Description:

Allows any person convicted and subsequently imprisoned for a crime the person did not commit to present a claim for damages against the State.

THE SENATE	S.B. NO.	3127
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

relating to wrongful conviction and imprisonment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that innocent persons who have been wrongfully convicted of crimes and subsequently imprisoned have been uniquely victimized, and that such persons should have an available avenue of redress to seek compensation for damages.

The legislature further finds that ensuring compensation to those who are wrongfully convicted is an important step toward guaranteeing that the criminal justice system achieves justice in all cases.

The purpose of this Act is to provide innocent persons who can demonstrate by clear and convincing evidence that they were unjustly convicted and imprisoned with a straightforward and just process for receiving compensation.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

wrongful conviction and imprisonment

§ -1 Eligibility. Any person convicted and subsequently imprisoned for one or more felonies or misdemeanors against the State that the person did not commit may present a claim for damages against the State under the conditions provided in this chapter.

§ -2 Statement of claim. (a) To state a claim upon which relief may be granted, a person shall establish by documentary evidence that:

(1) The person was convicted of one or more felonies or misdemeanors against the State and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;

(2) The person's actual innocence has been established by:

(A) Being pardoned for the crime or crimes for which the person was sentenced and which are the grounds for the complaint; or

(B) Having the judgment of conviction reversed or vacated, and indictment or information dismissed or, if a new trial was ordered, either being found not guilty at the new trial or not being retried and the indictment or information dismissed; provided that the judgment of conviction was reversed or vacated, or the indictment or information was dismissed on grounds not inconsistent with innocence or because the statute, or applications thereof, on which the indictment or information was based violated the United States Constitution or the state constitution; and

(3) The claim is not time-barred.

(b) The claim shall state facts in sufficient detail to permit the court to find that the person is likely to succeed at trial in proving that:

(1) The person did not commit any of the acts charged in the indictment or information or the person's acts or omissions charged in the indictment or information did not constitute a crime; and

(2) The person did not commit or suborn perjury, or fabricate evidence to cause or bring about a conviction. A guilty plea to a crime the person did not commit does not constitute perjury under this chapter.

(d) If the court finds after reading the complaint that the person is not likely to succeed at trial, it shall dismiss the claim, either on its own motion or on the motion of the State.

§ -3 Presentation of claim. All claims of wrongful conviction and imprisonment shall be presented to and heard by the circuit court.

§ -4 Judgment and award. (a) In order to obtain a favorable judgment, a person shall prove by clear and convincing evidence that:

(1) The person was convicted of one or more felonies or misdemeanors against the State and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;

(2) The person was pardoned upon the ground of innocence of the crime or crimes for which the person was sentenced and which are the grounds for the complaint; or

(3) The judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, the person was either found not guilty at the new trial or is not being retried and the indictment or information was dismissed; provided that the judgment of conviction was reversed or vacated, or the indictment or information was dismissed on grounds not inconsistent with innocence or because the statute, or applications thereof, on which the indictment or information was based violated the United States Constitution or the state constitution;

(4) The person did not commit any of the acts charged in the indictment or information or the person's acts or omissions charged in the indictment or information did not constitute a crime; and

(5) The person did not commit or suborn perjury, or fabricate evidence to cause or bring about a conviction.

(b) If the court finds that the person was wrongfully convicted and imprisoned, it shall award damages that shall include:

(1) Not less than $50,000 for each year of incarceration, as adjusted by the state auditor to account for:

(A) Inflation from the date of enactment; and

(B) Partial years served;

(2) Economic damages including but not limited to lost wages, costs associated with the criminal defense and the efforts to prove the person's innocence, including the costs of the action under this chapter, and related medical expenses required after release;

(3) Up to ten years of physical and mental health care through the State employees health care system, to be offset by any amount provided through the person's employers during that time period;

(4) Compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the person for the time period between the person's release from incarceration and the date of the award; and

(5) Reasonable attorneys fees calculated at ten per cent of the damage award plus expenses. These fees, exclusive of expenses, shall not exceed $75,000, as adjusted by the state auditor to account for inflation from the date of enactment. These fees shall not be deducted from the compensation due the person. Counsel is not entitled to receive additional fees from the person.

(1) Any cap applicable to private parties in civil lawsuits; or

(2) Any taxes, except for those portions of the judgment awarded as attorneys fees for bringing a claim under this chapter.

(d) The acceptance by a person of any award, compromise, or settlement shall be in writing and, except when procured by fraud, shall be final and conclusive, and shall constitute a complete release of any claim against the State and a complete bar to any action by the person against the State by reason of the same subject matter.

(e) The damage award shall not be offset by any expenses incurred by the State or any political subdivision of the State, including expenses incurred to secure the person's custody, or to feed, clothe or provide medical services for the person nor shall the court offset against the award the value of any services or reduction in fees for services or the value thereof to be provided to the person that may be awarded to the person pursuant to this section.

§ -5 Notice. (a) A court granting judicial relief consistent with the criteria in section -2(a)(2)(B), shall provide a copy of this chapter to the person seeking relief at the time actual innocence is established. The person shall be required to acknowledge receipt of a copy of this chapter in writing on a form prescribed by the court. The acknowledgment shall be entered on the docket by the court and shall be admissible in any proceeding filed by a person under this chapter.

(b) The Hawaii paroling authority shall provide a copy of this chapter to a person granted clemency at the time that clemency is granted. The person shall be required to acknowledge receipt of a copy of this chapter in writing on a form prescribed by the Hawaii paroling authority. The acknowledgment shall be retained on file by the Hawaii paroling authority as part of its official records and shall be admissible in any proceeding filed by a person under this chapter.

(c) A person shall be entitled to a one-year extension on the statute of limitation upon a showing that the person did not receive a copy of this chapter pursuant to subsection (a) or (b).

§ -6 Limitations on action. Subject to section -5(c), the claim shall be forever barred unless the action is commenced within two years after the claim first accrues in accordance with section 661-5. The claim shall accrue after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in section -2(a)(2)(B); provided that any action by the State challenging or appealing the grant of judicial relief shall toll the two-year period."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________