HB 1247 Hawaii House · 2025 Regular Session

RELATING TO CRIMINAL PROCEEDINGS.

Summary
Allows a party aggrieved by the judgment of a circuit court on a minimum term order to appeal to the Intermediate Appellate Court. Requires prisoners to continue to be represented by counsel in any petition challenging minimum term proceedings. Requires the Supreme Court to establish rules. Establishes grounds for challenging a minimum term order. Effective 7/1/3000. (HD1)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 22, 2025 Last action Feb 14, 2025
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What changed between versions

HB1247 HB1247_HD1 · 5 edits
MODERATE
This bill revision adds a new appeal process allowing prisoners to appeal minimum term orders directly to the Intermediate Appellate Court, rather than using the burdensome HRPP Rule 40 petition system. It also mandates that prisoners retain legal representation when challenging minimum term decisions and requires the Supreme Court to establish specific rules for these appeals.
Scope change
The bill now explicitly allows appeals from circuit court minimum term orders to the Intermediate Appellate Court, creating a new judicial review pathway that was previously unavailable through standard appeal mechanisms.
ELIGIBILITY

Added a new appeal pathway allowing parties aggrieved by minimum term orders to appeal directly to the Intermediate Appellate Court instead of using the HRPP Rule 40 petition process.

REQUIREMENT

Modified requirements to ensure prisoners continue to be represented by counsel when challenging minimum term proceedings, addressing concerns about indigent inmates lacking legal representation.

Added requirement for the Supreme Court to establish specific rules regarding petition forms, content, parties involved, and hearings on minimum term challenges.

Added specific grounds for challenging minimum term orders including constitutional violations, excess of statutory authority, unlawful procedure, legal error, clearly erroneous findings, and abuse of discretion.

TIMELINE

Modified effective date from July 1, 2025 to July 1, 3000, which appears to be a placeholder or error that needs correction.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
1
Committee
3
Feb 14, 2025
Committee
Reported from JHA (Stand. Com. Rep. No. 727) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
lower
Feb 7, 2025
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Perruso, Takayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and 3 Excused: Representative(s) Belatti, Cochran, Todd.
lower
Jan 27, 2025
Committee
Referred to JHA, FIN, referral sheet 4
lower
Jan 23, 2025
Introduced
Introduced and Pass First Reading.
lower
Jan 22, 2025
Introduced
Pending introduction.
lower
12 primary · 0 co-sponsors

Sponsors