Report Title:

HABEAS CORPUS

Description:

Places time limits on claims challenging criminal convictions, prison conditions, and related matters.

THE SENATE	S.B. NO.	2967
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HABEAS CORPUS.

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

     SECTION 1.  Chapter 660, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§660-  Limitations on habeas corpus. (a)  Every claim with respect to conviction, custody, and prison conditions under this section or any other state or federal law, regulation, or rule brought by a prisoner confined in any jail, prison, or other correctional facility, shall be forever barred unless the habeas corpus proceeding is commenced within five years after the claim first accrues.

(b)  The limitation period shall run from the last of:

(1) The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

(2) The date on which the impediment to filing an application created by a governmental action in violation of the Constitution of the State of Hawaii or the Constitution of the United States that prevented the filing of the petition for post-conviction relief was removed;

(3) The date on which a newly created constitutional rule under the Constitution of the State of Hawaii or the Constitution of the United States was initially recognized and made retroactively applicable to cases on collateral review by the supreme court of the State of Hawaii or the Supreme Court of the United States; or

(4) The date on which the factual predicate of the claim or the claims presented could have been discovered through the exercise of due diligence.

(c)  As used in this chapter, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program."

     SECTION 2.  New statutory material is underscored.

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

INTRODUCED BY:	_____________________________
	BY REQUEST