Bill Text: HI HB1463 | 2022 | Regular Session | Introduced
Bill Title: Relating To Executive Pardons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Eli, Kapela excused (2). [HB1463 Detail]
Download: Hawaii-2022-HB1463-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1463 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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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 part I 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 and shall furnish the
governor, as soon as may be after the reference, 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 filed with 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 shall, within forty-five days of
receiving the applicant's notarized application and notarized character
affidavits, 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, to include 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 paragraph (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 paragraph (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 such 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 the application was received; or
(2) The chairperson
determines the new information to be significant.
(h) 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; and "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.
(i) 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."
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 any proceedings or applications received by the paroling authority 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.
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INTRODUCED
BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney's Office 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.
