Bill Text: HI HB1028 | 2010 | Regular Session | Introduced

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Bill Title: Post Conviction Proceedings; Procedure

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1028 Detail]

Download: Hawaii-2010-HB1028-Introduced.html

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Report Title:

Post Conviction Proceedings; Procedure

 

Description:

Establishes a time limitation for filing habeas corpus complaints and post-conviction judicial proceedings.  Limits successive complaints.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1028
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO POST CONVICTION PROCEEDINGS.

 

 

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

 

     SECTION 1.  Chapter 660, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§660-    Time limitation.  (a)  Any complaint filed under this chapter or any post-conviction judicial proceedings filed under rule 40 of the Hawaii rules of penal procedure shall be filed within five years of the latest of the following:

     (1)  The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

     (2)  The date on which an impediment to filing a complaint that was created by a governmental action, in violation of the Constitution of the State of Hawaii or the Constitution of the United States, was removed;

     (3)  The date on which a newly created constitutional rule under the Constitution of the State of Hawaii or the Constitution of the United States was initially recognized and made retroactively applicable to cases on collateral review by the supreme court of the State of Hawaii or the Supreme Court of the United States; or

     (4)  The date on which the factual predicate of the claim or the claims presented could have been discovered through the exercise of due diligence; and the newly discovered evidence, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by a preponderance of the evidence that no reasonable fact finder would have found the applicant guilty of the offense.

     (b)  This section shall not apply to any motion, petition, or appeal filed pursuant to part XI of chapter 844D.

     §660-    Successive petitions.  A claim presented in a second or successive complaint filed under this chapter that was not presented in a prior complaint shall be dismissed unless:

     (1)  The petitioner shows that the claim relies on a previously unavailable new rule of constitutional law under the Constitution of the State of Hawaii or the Constitution of the United States, made retroactive to cases on collateral review by the supreme court of the State of Hawaii or the Supreme Court of the United States; or

     (2)  The factual basis for the claim could not have been discovered previously through the exercise of due diligence, and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for the constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request