This bill modifies existing statutes within Hawaii Revised Statutes, particularly Chapter 28 and Chapter 801, to formalize and streamline the application process for pardons. One key aspect is the mandate for the attorney general to consider and investigate every application for pardon referred by the governor, which may enhance the accountability and transparency in the pardoning process. Additionally, the legislation emphasizes the inclusion of victim and family feedback, allowing them to submit information relevant to the pardon application, which might significantly influence the decision-making process.
Summary
Senate Bill 407 aims to establish a comprehensive application process for executive pardons in the state of Hawaii. The proposed legislation outlines the procedure that applicants must follow to seek a pardon and places responsibilities on various state authorities, including the governor, attorney general, and the Hawaii paroling authority. The bill requires that applications be submitted with detailed information about the applicant's history and the offenses for which the pardon is sought, ensuring a thorough review process.
Contention
There may be notable points of contention surrounding this bill, particularly regarding how the interests of victims are balanced with the rights of applicants seeking to be pardoned. While the bill seeks to incorporate victim considerations in the pardon process, critics might argue that it places additional burdens on applicants, potentially delaying justice. Furthermore, the requirement that repeat applications for pardons may not be considered for two years after a denial could be seen as a limitation on individuals seeking a second chance.
Juveniles: criminal procedure; expunction of crimes resulting from being a victim of human trafficking; expand. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).