HOUSE OF REPRESENTATIVES

H.B. NO.

173

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EXECUTIVE PARDONS.

 

 

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

 


SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"28- Pardons; reference to attorney general. The

attorney general shall consider and, if requested, investigate every application for pardon referred by the governor to the attorney general. The attorney general, as soon as practicable after the reference, shall furnish the governor a recommendation regarding whether to grant or refuse the pardon."

SECTION 2. Chapter 801, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"801- Pardons; application process. (a) An application for pardon shall be addressed to the governor and submitted to the Hawaii paroling authority. Each application for pardon shall contain:

(1) The first, middle, and last name, and all aliases used by the applicant;

(2) The applicant's date of birth;

(3) The applicant's state identification number;

(4) A brief history of the case or cases for which pardon is being sought;

(5) The reason or reasons for seeking pardon; and

(6) Any other relevant information that the Hawaii paroling authority may require.

(b) For each offense for which an applicant is seeking pardon, the Hawaii paroling authority, within forty-five days of receiving the applicant's notarized application and notarized character affidavits, shall provide the prosecuting attorney of the county in which each offense occurred with the following:

(1) The first, middle, and last name, and all aliases used by the applicant;

(2) The applicant's date of birth;

(3) The applicant's state identification number;

(4) A list of convictions for which the applicant is applying for pardon, including the criminal number, offense or offenses committed, date of arrest and disposition of each offense; and

(5) The reason or reasons for seeking pardon.

(c) Within thirty days of receiving the information required by subsection (b), the prosecuting attorney of the county in which each offense occurred may submit to the Hawaii paroling authority any relevant information or materials to be added to the application.

(d) Within thirty days of receiving the information required by subsection (b), the relevant prosecuting attorney shall also contact, or make reasonable efforts to contact, any victim, or surviving immediate family members of the victim, involved in each offense for which pardon is being sought. Should any victim or surviving immediate family members choose to provide additional information for consideration, the:

(1) Victim or surviving immediate family members shall be afforded thirty days, from the date of initial contact from the prosecuting attorney, to submit the information; and

(2) Prosecuting attorney shall promptly inform the Hawaii paroling authority that additional materials are forthcoming from the victim.

(e) The governor may refer applications for pardon, including any information or materials provided by the relevant prosecuting attorney, victim, or surviving immediate family members, to the attorney general and the Hawaii paroling authority for consideration, investigation, and recommendation.

(f) Forty-five days after all application materials and supporting documents are received by the Hawaii paroling authority, the application for pardon shall be considered complete and eligible for consideration or recommendation by the governor, attorney general, and Hawaii paroling authority, as applicable.

Investigation may commence any time after the applicant first submits relevant documents to the Hawaii paroling authority.

(g) If an application for pardon is denied by the governor, the Hawaii paroling authority may not accept a repeat application for pardon for the same person until two years have elapsed from the date of the denial. The governor may waive this two-year requirement at any time. The chairperson of the Hawaii paroling authority, if so delegated in writing by the governor, may waive the two-year requirement if the applicant offers in writing new information that:

(1) Was unavailable to the applicant at the time of submitting the prior application; or

(2) The chairman determines the new information to be significant.

(h) Nothing in this section shall be construed to limit the power of the governor to grant or refuse a pardon pursuant to the state constitution.

(i) For purposes of this section:

"Surviving immediate family members of the victim" or "surviving immediate family members" means surviving grandparents, parents, siblings, spouse, reciprocal beneficiary, children, and any legal guardian of a deceased victim.

"Victim" means a person against whom a crime has been committed by an adult or a minor waived by family court, who was subsequently tried and found guilty of the offense as a young adult or adult."

SECTION 3. Section 353-72, Hawaii Revised Statutes, is amended to read as follows:

"353-72 Pardons; reference to paroling authority. The director of public safety and the Hawaii paroling authority shall consider and, if requested, investigate every application for pardon [which] that may be referred to them by the governor and shall furnish the governor, as soon as may be after [such] the reference, all information possible concerning the prisoner, together with a recommendation as to the granting or refusing of the pardon."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Honolulu Prosecuting Attorney Package; Executive Pardon; Criminal Procedure

 

Description:

Establishes a comprehensive application process for executive pardons.

 

 

 

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