Bill Text: HI SB2 | 2019 | Regular Session | Amended


Bill Title: Relating To Criminal Defense.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-04-15 - Received notice of appointment of House conferees (Hse. Com. No. 809). [SB2 Detail]

Download: Hawaii-2019-SB2-Amended.html

THE SENATE

S.B. NO.

2

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL DEFENSE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the legal system in this State is predicated on the concepts of justice, due process, and habeas corpus.  The legal system is designed to protect the rights of the public, the accused, victims, and those convicted of crimes.

     The legislature further finds that there are no time limitations on petitions and complaints for post-conviction relief in state court.  For a variety of reasons, including the need to properly gather evidence and draft complaints, or the discovery of new evidence, convictions and custody are often challenged long after the actual events at issue.

     The legislature further finds that current practices often result in the loss or destruction of evidence for cases adjudicated long after a petition for post-conviction relief has been filed.  It is difficult, if not impossible, to provide justice or finality to a victim or person convicted of a crime in a system in which evidence is no longer accessible.

     Additionally, the legislature finds that courts have been inundated and congested with frivolous post-conviction relief claims that have no factual or legal justification.

     Accordingly, the purpose of this Act is to establish a task force to review and propose potential updates to Hawaii's laws and court rules regarding post-conviction relief.

     SECTION 2.  (a)  There is established a post-conviction relief task force to review and propose potential updates to Hawaii's laws and court rules regarding post-conviction relief.  The task force shall consider constitutional rights, existing laws, the accessibility of legal services, procedures relating to the destruction of evidence, and the laws and rules of other states regarding post-conviction relief.

     (b)  The post-conviction relief task force shall comprise the following members or their designees:

     (1)  The chair of the senate standing committee on judiciary, who shall serve as a co-chair of the task force;

     (2)  The chair of the house standing committee on judiciary, who shall serve as a co-chair of the task force;

     (3)  The chief justice of the Hawaii supreme court;

     (4)  The attorney general;

     (5)  The state public defender;

     (6)  A prosecuting attorney to be selected by the co-chairs of the task force; and

     (7)  The dean of the William S. Richardson school of law at the University of Hawaii at Manoa.

     (c)  The co-chairs of the post-conviction relief task force may invite other interested parties to participate in the task force.

     (d)  The post-conviction relief task force shall submit a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the 2021 regular session.

     (e)  The post-conviction relief task force shall be dissolved on June 30, 2021.

     SECTION 3.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Post-Conviction Proceedings; Task Force

 

Description:

Establishes a post-conviction relief task force to review and propose potential updates to Hawaii's laws and court rules regarding post-conviction relief.  (SB2 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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