Bill Text: HI SB580 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 580 (Prior Session Legislation)

Introduced

Bill Title: Wrongful Convictions; County Conviction Integrity Units; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB580 Detail]

Download: Hawaii-2014-SB580-Introduced.html

THE SENATE	S.B. NO.	580
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to wrongful convictions.

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

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

"Part . Conviction Integrity Program

§28-A Conviction integrity program; established. (a) There is established a conviction integrity program within the department of the attorney general to:

(1) Prevent the wrongful prosecution of innocent persons; and

(2) Review claims of innocence involving convicted defendants.

(b) The attorney general shall collaborate with the prosecuting attorney of each county to establish policies, criteria, and procedures to address the purposes described in subsection (a) for state and county criminal prosecutions, including:

(1) Best practices and standard procedures to prevent wrongful convictions, based on a review of practices and policies related to criminal case assessment, investigation, and disclosure obligations for exculpatory evidence, with a focus on preventing errors such as eyewitness misidentifications and false confessions;

(2) Additional training for deputy attorneys general and prosecutors with less than years of experience in conducting prosecutions;

(3) Policies, criteria, and procedures for receiving, evaluating, and investigating claims of wrongful conviction submitted directly to the prosecuting entity for consideration at its discretion to supplement the provisions of part XI of chapter 844D and any other requirement imposed upon a prosecuting entity in connection with post-conviction relief; and

(4) Standards for the consideration and application of exculpatory evidence providing a basis for vacating a conviction.

(c) In establishing the policies, criteria, and procedures required under subsection (b), the attorney general and the county prosecutors shall solicit and consider the input of the state public defender and any organization or other person with expertise in the subject of wrongful convictions.

§28-B County conviction integrity units. (a) The prosecuting attorney of each county shall establish a conviction integrity unit within the respective county office of the prosecuting attorney to implement the policies, criteria, and procedures established pursuant to section 28-A(b).

(b) The attorney general shall allocate and award appropriated funds to county conviction integrity units that are in substantial compliance with the policies, criteria, and procedures established under section 28-A(b); provided that any such appropriated sums shall be contingent upon the respective county providing a minimum of per cent of the sum allocated to the county."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to establish the conviction integrity program within the department of the attorney general and conviction integrity units within the office of the prosecuting attorney for each county in accordance with this Act.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect on July 1, 2013.

INTRODUCED BY:	_____________________________

Report Title:

Wrongful Convictions; County Conviction Integrity Units; Appropriation

Description:

Establishes the conviction integrity program within the AG, including implementation through county units, to prevent and address wrongful convictions.

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