Hawaii 2024 Regular Session

Hawaii House Bill HB1325

Introduced
1/25/23  
Refer
1/30/23  
Introduced
1/25/23  

Caption

Relating To Wrongful Convictions.

Impact

By allowing individuals to challenge their convictions based on new or repudiated evidence, the bill represents a significant changes to existing procedures in Hawaii's criminal justice system. It creates pathways for those wrongfully convicted to seek redress and correct legal oversights which can lead to improved fairness in the administration of justice. This could also open the door for more cases to be reviewed that might otherwise remain unexamined, potentially leading to a higher number of exonerations.

Summary

House Bill 1325 addresses wrongful convictions by establishing procedures through which individuals can seek post-conviction review via a writ of habeas corpus. The bill specifies that convicted individuals may petition a court if new evidence emerges, especially evidence that was not available during their original trial, or if there are questions regarding the reliability of expert testimony that was presented during the trial. This addresses concerns about leading to wrongful incarceration based on possibly flawed or outdated evidence.

Contention

Notably, this bill could face push-back from legal experts concerned about the implications of redefining criteria for petitions concerning wrongful convictions. Critics may argue that expanding post-conviction review could result in increased case backlogs in the courts and complicate the judicial process. Concerns may also rise regarding the costs and resources needed to implement such measures effectively. Overall, while the intention behind HB1325 is to enhance justice, it brings with it a range of logistical and ethical considerations.

Companion Bills

HI HB1325

Carry Over Relating To Wrongful Convictions.

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.

CA SB938

Trial testimony: expert witnesses: writ of habeas corpus.

HI HB1325

Relating To Wrongful Convictions.

CA SB243

Trial testimony: expert witnesses: writ of habeas corpus.

CA AB256

Criminal procedure: discrimination.

CA AB1071

Criminal procedure: discrimination.