SB169 SD1

SECTION 1. The legislature finds that Act 156, Session Laws of Hawaii 2016, was enacted to monetarily compensate individuals who had been wrongfully convicted and imprisoned in the Hawaii criminal justice system. The Act created chapter 661B, Hawaii Revised Statutes, which is entitled "Redress for Wrongful Conviction and Imprisonment", and through which the compensation scheme has been in effect for eight years.

In enacting Act 156, the legislature found that individuals who were wrongfully convicted and imprisoned by the State deserved "an avenue of redress over and above the existing tort remedies to seek compensation for damages from the jurisdiction that convicted and imprisoned them". Pursuant to section 661B‑3(b), Hawaii Revised Statutes, if a court finds that a person has proven a claim for wrongful conviction and imprisonment, the court is to award the person $50,000 for each year of actual confinement, including time spent awaiting trial. The legislature recognizes that although the process does not explicitly require a court trial to determine if a petitioner is entitled to compensation and the amount of compensation, in practice, petitioners have been subjected to lengthy trials.

The legislature also recognizes the recent Hawaiʻi supreme court decision in Jardine v. Hawaiʻi, 155 Haw. 60 (2024). The court considered the language of section 661B-1, Hawaii Revised Statutes, which in part requires that a petitioner's judgment of conviction be reversed or vacated "because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states". The supreme court held that the statute does not require the exact words "actual innocence" to appear in the order. However, the court also held that the statute "does, however, require that such an order state a finding that supports a petitioner's 'actual innocence' – that is, the order should support the conclusion that the petitioner did not commit the crime".

The legislature notes that rather than claims for compensation for wrongful conviction and imprisonment languishing for years as a potential liability to the State, this Act provides a timely manner for deciding if claims are to be paid, giving certainty to the budgeting process.

Accordingly, the purpose of this Act is to make improvements to the State's wrongful imprisonment compensation law.

SECTION 2. Chapter 661B, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§661B-A Liberal construction. This chapter shall be liberally construed to ensure that those persons who were wrongfully convicted and imprisoned by the State receive compensation.

§661B-B Notice of the right to petition. The department of corrections and rehabilitation shall provide written notice of the ability to file a claim under this chapter to any person whose judgment of conviction was reversed or vacated, or was pardoned, on grounds consistent with innocence. The notice shall state the applicable filing deadline and include copies of the statutory sections related to the filing requirements and a copy of the person's order or pardon.

§661B-C Procedure upon reversal or vacation of conviction. (a) Upon the reversal or vacation of a judgment of conviction on grounds consistent with innocence, the court shall inquire whether the person wishes to seek relief pursuant to chapter 661B. If the answer is affirmative, the court shall make findings whether the person:

(1) Is eligible to seek compensation in accordance with the requirements set forth in section 661B-1;

(2) Was convicted in a court of the State and subsequently imprisoned for one or more crimes, but the findings support the conclusion that the person did not commit the crime upon which that conviction was based; and

(3) Served time in prison for the crime or crimes, including time served prior to conviction, if any.

If the findings are all in the affirmative, a petition shall be deemed to have been filed that satisfies section 661B‑2. The court shall indicate the filing on the record and provide notice of the deemed petition to the appropriate county prosecutor and the attorney general, which shall satisfy the service requirements of section 661B-2. The court shall also provide notice of the deemed petition and corresponding order to the comptroller to commence advance compensation payments pursuant to section 661B-D.

The petition shall be held in abeyance for two weeks. If after two weeks, a county prosecutor or the attorney general has not brought, or announced that it will bring, new charges against the petitioner, the petition shall be deemed admitted by the attorney general and that the petitioner is entitled compensation pursuant to this chapter. The court shall award compensation pursuant to section 661B-3 minus any advance payment made to the petitioner.

(b) Any person whose conviction was reversed or vacated with prejudice shall be deemed innocent and entitled to compensation under this chapter. The court shall award compensation pursuant to section 661B-3 minus any advance payment to the petitioner.

(c) The court may appoint an attorney for the petitioner if the court determines that the interests of justice require one be appointed.

§661B-D Advance compensation. (a) The State shall pay 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; provided that neither the State nor a county prosecuting authority have filed new charges based on the same alleged act or acts for which the petitioner was originally convicted.

(b) Within seven days of service of the petition pursuant to section 661B-2 or notice of the filing and service pursuant to section 661B-C, the comptroller shall issue a warrant pursuant to section 40-51 for a payment of $5,000 to the petitioner. Subsequently, on the first day of every month, the comptroller shall issue a warrant for payment of $5,000 to the petitioner until the State has paid in the aggregate an amount equal to the payment for one year of imprisonment, as specified in section 661B-3(c); provided that the payments shall cease if the attorney general or a county prosecuting attorney files new charges based on the same alleged act or acts for which the petitioner was originally convicted.

(c) Any advance compensation paid to the petitioner shall be deducted from any compensation to which the petitioner is entitled under this chapter. If the petition is subsequently denied, the petitioner shall not need to repay any funds disbursed."

SECTION 3. Section 661B-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-1[]] Statement of claim for compensation. [~~(a)~~] Any person convicted in a court of the State and imprisoned for one or more crimes [~~of which the person was actually innocent~~] for whom the judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence, may file a petition for relief pursuant to this chapter for an award of damages against the State; provided that the requirements of [~~subsection (b)~~] this section are met.

[~~(b)~~] To present an actionable claim against the State for wrongful conviction and imprisonment, the petitioner shall allege that the petitioner was convicted of one or more crimes under the laws of the State, was subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence and either that[:

~~(1)~~ ~~The~~] the judgment of conviction was reversed or vacated [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states; or~~

~~(2)~~ ~~The~~] or the petitioner was pardoned [~~because the petitioner was actually innocent of the crimes for which the petitioner was convicted and the pardon so states.~~] on grounds consistent with innocence."

SECTION 4. Section 661B-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-2[]] Presentation of claim. (a) A petition for relief filed pursuant to this chapter shall be filed in the circuit court of the circuit in which the petitioner lives, or if the petitioner lives outside the State, in the circuit court of the first circuit. The petitioner shall serve the petition upon the attorney general, and if the prosecuting authority was other than the attorney general, upon the prosecuting authority. The petition shall set forth the facts and authority that support the petitioner's claim.

(b) No later than sixty days after service, the attorney general shall file with the court an answer that shall either admit that the petitioner is entitled to compensation or deny the petitioner's claim.

If the attorney general admits that the petitioner is entitled to compensation, the court shall conduct a trial to determine the amount of compensation; provided that if the attorney general and the petitioner agree on the amount of the compensation, the court may issue a final judgment awarding the petitioner the amount agreed upon or, in its discretion, conduct a trial to determine the amount to award the petitioner.

If the attorney general denies that the petitioner is entitled to compensation, then the court shall conduct a trial to determine if the petitioner is entitled to compensation and the amount, if any.

(c) Notwithstanding any other provision of law to the contrary, no person shall be allowed to intervene in the proceeding; provided that if the attorney general did not obtain the conviction of the petitioner, then the prevailing prosecuting authority may state its position on the petitioner's claim in a statement to the court. If the attorney general did not obtain the conviction of the petitioner, then the prevailing prosecuting authority shall provide the attorney general with any information or assistance that the attorney general may request.

(d) Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right.

(e) This section shall be inapplicable to any petitioner for whom a deemed petition was filed pursuant to section 661B‑C."

SECTION 5. Section 661B-3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) to (c) to read:

"(a) The [~~petitioner~~] State shall have the burden to prove by a preponderance of the evidence[:

~~(1)~~ ~~That the petitioner is eligible to seek compensation in accordance with the requirements set forth in section 661B-1;~~

~~(2)~~ ~~That the petitioner was convicted in a court of the State and subsequently imprisoned for one or more crimes, but the petitioner was actually innocent of the crimes at issue; and~~

~~(3)~~ ~~That the petitioner served time in prison for the crime or crimes, including time served prior to conviction, if any.~~] that the reversal or vacating of the order of conviction for the petitioner, or the pardoning of the petitioner, was inconsistent with innocence.

(b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence:

(1) The petitioner was serving a term of imprisonment for another crime, including crimes under the laws of the United States, concurrently with imprisonment for the crime or crimes for which petitioner [~~was actually innocent;~~] whose judgment of conviction was reversed or vacated or who was pardoned on grounds consistent with innocence; provided that if the petitioner served additional time in prison due to the conviction that is the basis of the petition, then the petitioner shall receive compensation for that portion of the time served in prison during which the petitioner was serving no other sentence;

(2) The petitioner committed perjury or fabricated evidence or induced another person to commit perjury or fabricate evidence to cause or bring about the conviction at issue;

(3) The petitioner fabricated evidence or committed or suborned perjury during any proceeding related to the crime for which the petitioner was convicted;

(4) The petitioner solicited the commission of the crime at issue or any crime factually related to the crime at issue;

(5) The petitioner conspired to commit the crime at issue or any crime factually related to the crime at issue;

(6) The petitioner attempted to commit the crime at issue or any crime factually related to the crime at issue;

(7) The petitioner assisted in the commission of the crime at issue or any crime factually related to the crime at issue; or

(8) The petitioner assisted any person to avoid apprehension, arrest, or conviction for the crime at issue or any crime factually related to the crime at issue.

If the State proves one or more of the affirmative defenses enumerated in this subsection, the petitioner shall receive no compensation except as provided in paragraph (1).

(c) If the court finds that the petitioner has [~~proven~~] filed a claim for wrongful conviction and imprisonment[,] and the State has not met its burden of proof under subsection (a) or proven an affirmative defense pursuant to subsection (b) or a deemed petition was filed for the petitioner and subsequently deemed admitted pursuant to section 661B-C, the court shall award the petitioner $50,000 for each year of actual confinement, including time spent awaiting trial, served by the petitioner for the crime or crimes for which the petitioner was actually innocent; provided that:

(1) The petitioner shall not be compensated for the time imprisoned if the petitioner was concurrently imprisoned for a different conviction, even if the other conviction was related to the conviction that was vacated or reversed or for which the petitioner was pardoned [~~because of actual innocence;~~] on grounds consistent with innocence;

(2) The award shall be prorated for partial years of imprisonment; [~~and~~]

(3) Any advance compensation paid to the petitioner shall be deducted from the award; and

[~~(3)~~] (4) If the court finds, by a preponderance of the evidence, extraordinary circumstances pertain to a conviction that is set aside or a pardon that is granted [~~because of actual innocence,~~] on grounds consistent with innocence, the court may award the petitioner a maximum of $100,000 in additional compensation."

2. By amending subsection (f) to read:

"(f) On all moneys awarded to the petitioner for claims instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment[.] or after the date the comptroller was required to issue a warrant pursuant to section 661B-D."

SECTION 6. Section 661B-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§661B-6[]] Waiver of sovereign immunity. This chapter shall constitute a waiver of sovereign immunity by the State only for the claims brought pursuant to this chapter. The State makes no other waiver of sovereign immunity, and fully retains its sovereign immunity as to all other claims, however denominated, that seek compensation of any kind or nature that are a result of, related to, or arise from a conviction and imprisonment for crimes for which the claimant [~~alleges actual innocence.~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence. This section shall be broadly construed in favor of the State and against any waiver of sovereign immunity."

SECTION 7. Section 661B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related to, or arising from a conviction and imprisonment for crimes for which the person [~~was actually innocent.~~] whose judgment of conviction was reversed or vacated, or who was pardoned, on grounds consistent with innocence. This section shall be strictly construed in favor of any person against whom a claim is asserted, and against the person asserting the claim."

SECTION 8. No later than forty days before the convening of each of the regular sessions of 2026, 2027, and 2028, the department of the attorney general shall submit to the legislature a report on the status of all petitions filed under chapter 661B, Hawaii Revised Statutes. The report shall include, for each petition:

(1) The name of the petitioner;

(2) The date the petition was filed and the circuit in which it was filed;

(3) Whether the department granted or denied the petition, and the date the department's response was filed;

(4) Whether any compensation has been made to the petitioner, including any compensation pursuant to section 661B-2(b), Hawaii Revised Statutes, and the dates of the compensation, if any; and

(5) The current status of the petition.

SECTION 9. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	169
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII