STAND. COM. REP. NO. 2716

Honolulu, Hawaii

RE:    S.B. No. 3204

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 3204 entitled:

"A BILL FOR AN ACT RELATING TO POST CONVICTION PROCEEDINGS,"

begs leave to report as follows:

     The purpose of this measure is to reduce the number of repetitious and vexatious challenges to criminal convictions by establishing a time limitation for filing habeas corpus complaints and limiting successive complaints.

     The Department of the Attorney General, Hawaii County Office of the Prosecuting Attorney, and Maui County Department of the Prosecuting Attorney submitted testimony in support of this measure.  The Office of the Public Defender submitted testimony in opposition.

     Presently, a petition for post‑conviction relief is the only method of challenging judgment and custody that does not have a statute of limitation.  As a result, some defendants have repeatedly used this method to challenge convictions and custody long after the events at issue.  Your Committee finds that this measure promotes the finality of judgments and sentences while permitting a defendant a reasonable period of time to discover, prepare, and file an action to challenge a conviction and custody.

     The permanent Committee on Rules of Penal Procedure and Circuit Court Criminal Rules, proposed a five year limitation on a petition for post‑conviction relief under Rule 40 of the Hawaii Rules of Penal Procedure.  The proposal was rejected by the Hawaii Supreme Court because it conflicted with the Legislature's authority regarding habeas corpus.  Your Committee finds that the five-year limitation period should be adopted.

     Part XI of chapter 844D, Hawaii Revised Statutes, permits a person who was convicted of and sentenced for, or acquitted by reason of physical or mental disease, disorder, or defect of, a crime to file a motion, at any time, for DNA analysis of evidence.  As currently worded, this measure bars such a person from presenting DNA evidence that exonerates the person if it is discovered more than five years after a judgment.  Your Committee finds that this would be a grave injustice to a wrongly charged or convicted person.

     Upon further consideration, your Committee has amended this measure by:

     (1)  Establishing a time limitation for filing a petition for post‑conviction relief under Hawaii Rules of Penal Procedure, as well as for complaints for a writ of habeas corpus under chapter 660, Hawaii Revised Statutes;

     (2)  Providing that the time limitation shall not apply to any motion, petition, or appeal filed pursuant to part XI of chapter 844D; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3204, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3204, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair