Hawaii House Bill HB173

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/27/21

Caption

Relating To Executive Pardons.

Impact

With the enactment of HB173, individuals applying for pardons will have to follow a more regimented procedure, including providing extensive information about their criminal history and reasons for seeking clemency. The Hawaii Paroling Authority is required to communicate with the prosecuting attorney of the respective counties and act on applications within specified timeframes, fostering a more systematic approach to pardon requests. This could contribute to both the efficiency of the evaluation process and the quality of recommendations made by legal authorities, potentially leading to more informed decision-making by the governor for pardon applications.

Summary

House Bill 173 pertains to the process of executive pardons in Hawaii. It aims to create a structured application process for individuals seeking pardons, establishing clear guidelines for applicants and legal authorities involved in the process. Notably, the bill mandates that the Attorney General consider all applications referred by the governor, providing analyses and recommendations about whether each pardon should be granted or denied. The proposed amendments to existing Hawaii Revised Statutes emphasize the importance of a formal review process for pardons, which seeks to enhance both transparency and accountability within the system.

Contention

There could be points of contention surrounding HB173, particularly regarding the required involvement of victims or their immediate family members in the pardon process. The bill stipulates that they must be contacted and given an opportunity to provide input, which might open discussions on the ethics of involving victims in legal decisions that pertain to the offenders seeking pardons. Critics may argue that this could impose additional emotional distress on victims and complicate the application process. Conversely, supporters may see it as a necessary step to ensure that the voices of those affected by crimes are heard in decisions that could impact them significantly.