HOUSE OF REPRESENTATIVES

H.C.R. NO.

120

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE ATTORNEY GENERAL TO CONVENE A TASK FORCE TO STUDY THE NEED FOR STATE LEGISLATION ON INNOCENCE REDRESS TO PROVIDE COMPENSATION AND SERVICES TO PERSONS WHO CAN DEMONSTRATE THEY WERE WRONGFULLY CONVICTED OF A CRIME AND IMPRISONED.

 

 

 


†††† WHEREAS, under Hawaii law, innocent people who are wrongfully imprisoned must sue to receive compensation for the deprivation of their freedom; and

 

†††† WHEREAS, other states have enacted compensation laws to prevent wrongfully convicted persons from having to endure the long and costly process of litigation to receive compensation after being released from prison; and

 

†††† WHEREAS, House Bill No. 1985 and Senate Bill No. 2176, introduced in the Regular Session of 2012, are based on the national Innocence Projectís model compensation law and establish a process that provides compensation and services to persons who can demonstrate they were wrongfully convicted of a crime and imprisoned; and

 

†††† WHEREAS, the enactment of a comprehensive compensation measure for those who were wrongfully convicted of a crime and imprisoned should be based upon compelling data or anecdotal evidence demonstrating the need for legislation; now, therefore,

 

†††† BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Attorney General is requested to convene a task force to study the need for state legislation on innocence redress to provide compensation and services to persons who can demonstrate they were wrongfully convicted of a crime and imprisoned; and

 

†††† BE IT FURTHER RESOLVED that the Attorney General, or the Attorney General's designee, is requested to serve as the chair of the task force and appoint the following persons to the task force:

 

†††† (1)† Judges that adjudicate criminal cases within the State;

 

†††† (2)† The prosecuting attorney of each county of the State, or their respective designees;

 

†††† (3)† The state Public Defender, or the state Public Defender's designee;

 

†††† (4)† A representative from the Criminal Justice and Corrections Section of the Hawaii State Bar Association;

 

†††† (5)† Experts on scientific testing of evidence in criminal cases; and

 

†††† (6)† Any other members as the chair of the task force deems appropriate; and

 

†††† BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to provide administrative support for the task force; and

 

†††† BE IT FURTHER RESOLVED that in conducting the study, the task force is requested to consider the provisions of House Bill No. 1985, Regular Session 2012; and

 

†††† BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

 

†††† BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, the Administrative Director of the Courts, the Attorney General, the Prosecuting Attorney of each county of the State, the State Public Defender, and the Chair of the Hawaii State Bar Association's Criminal Justice and Corrections Section.

 

 

 

Report Title:†

Innocence Redress Task Force