Hawaii 2023 Regular Session

Hawaii House Bill HB1325

Introduced
1/25/23  

Caption

Relating To Wrongful Convictions.

Impact

If enacted, HB1325 would amend Chapter 641 of the Hawaii Revised Statutes, introducing clearer standards and procedures for post-conviction petitions. The bill specifically outlines the conditions under which a petitioner can seek review, thereby expanding the avenues available for addressing wrongful convictions. Notably, the bill includes clauses that protect the rights of individuals who may not have had access to critical evidence at the time of their trial. This change is expected to imbue confidence in the judicial process and afford individuals an opportunity for redress in cases where serious miscarriages of justice have occurred.

Summary

House Bill 1325 focuses on enhancing the post-conviction review process for individuals who claim wrongful convictions in Hawaii. The bill allows persons who are imprisoned or restrained to petition for a writ of habeas corpus under certain new provisions. It aims to provide a legal mechanism for these individuals to challenge their convictions based on assertions such as the introduction of false evidence, the repudiation of expert testimony, or the emergence of new evidence that could significantly impact the outcome of their trials. This initiative underscores the state's commitment to ensuring that justice is served and that wrongful convictions are addressed systematically.

Contention

Although the bill aims to enhance the integrity of the judicial system, it is likely to spur debate regarding the balance between eliminating wrongful convictions and ensuring that the judicial system is not overwhelmed by frivolous or unfounded claims. Critics may argue that the procedural changes could lead to increased litigation, while proponents assert that the long-term benefits of correcting wrongful convictions justify these procedural modifications. Furthermore, there may be discussions surrounding resource allocation for handling these cases and the implications for the existing judicial processes.

Companion Bills

No companion bills found.

Previously Filed As

HI HB1325

Relating To Wrongful Convictions.

HI SB1041

Relating To Family Court.

HI SB1444

Relating To Mental Health.

HI SB2243

Relating To Mental Health.

HI HB1242

Relating To Mental Health.

HI HB1830

Relating To Mental Health.

HI HB776

Relating To Mental Health.

HI SB343

Relating To Mental Health.

HI HB1300

Relating To Mental Health.

HI HB384

Relating To Parentage.

Similar Bills

CA SB467

Expert witnesses: writ of habeas corpus.

CA SB97

Criminal procedure: writ of habeas corpus.

CA AB3088

Criminal procedure: writ of habeas corpus.

HI HB1325

Relating To Wrongful Convictions.

CA SB938

Trial testimony: expert witnesses: writ of habeas corpus.

CA SB243

Trial testimony: expert witnesses: writ of habeas corpus.

CA AB256

Criminal procedure: discrimination.

CA AB1071

Criminal procedure: discrimination.