Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 661B
Hawaii Revised Statutes

Haw. Rev. Stat. § 661B-1 (2026)

] Statement of claim for compensation

✓ current as of July 2026
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     [§661B-1]  Statement of claim for compensation.  (a)  Any person convicted in a court of the State and imprisoned for one or more crimes of which the person was actually innocent may file a petition for relief pursuant to this chapter for an award of damages against the State; provided that the requirements of subsection (b) are met.

     (b)  To present an actionable claim against the State for wrongful conviction and imprisonment, the petitioner shall allege that the petitioner was convicted of one or more crimes under the laws of the State, was subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence and either that:

     (1)  The judgment of conviction was reversed or vacated because the petitioner was actually innocent of the crimes for which the petitioner was convicted, and the court decision so states; or

     (2)  The petitioner was pardoned because the petitioner was actually innocent of the crimes for which the petitioner was convicted and the pardon so states. [L 2016, c 156, pt of §2]

 

 

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2017–2026 · leading case: Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024).
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Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024). · cites it 30× “We hold that HRS § 661B-1’s requirement that an order vacating or reversing a petitioner’s conviction “so state[]” that they were “actually innocent” does not require those two exact words to be present.”
Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017). “02 (4) (2017) (requiring an order issued by the original sentencing court finding that the person did not commit "the act nor the offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to…”
Ah Puck v. Fed. Gov't of the United States (D. Haw. 2021). · cites it 2× “Haw. Rev. Stat. § 661B-1. Petitions under this chapter must be “filed in the circuit court of the circuit in which the petitioner lives, or if the petitioner lives outside the State, in the circuit court of the first circuit.”
Ah Puck, Jr. v. Lahaina Dist. Court Judges (D. Haw. 2021). · cites it 2× “Haw. Rev. Stat. § 661B-1. Petitions under this chapter must be “filed in the circuit court of the circuit in which the petitioner lives, or if the petitioner lives outside the State, in the circuit court of the first circuit.”
Schweitzer (D. Haw. 2026). “HRS § 661B-1(a). Section 661B further states, inter alia, that: Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related…”
— Haw. Rev. Stat. § 661B-1(a) — 1 case
Schweitzer (D. Haw. 2026). “HRS § 661B-1(a). Section 661B further states, inter alia, that: Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related…”
— Haw. Rev. Stat. § 661B-1(b) — 1 case
Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024). “We hold that HRS § 661B-1’s requirement that an order vacating or reversing a petitioner’s conviction “so state[]” that they were “actually innocent” does not require those two exact words to be present.”
— Haw. Rev. Stat. § 661B-1(b)(1) — 2 cases
Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024). “We hold that HRS § 661B-1’s requirement that an order vacating or reversing a petitioner’s conviction “so state[]” that they were “actually innocent” does not require those two exact words to be present.”
Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017). “02 (4) (2017) (requiring an order issued by the original sentencing court finding that the person did not commit "the act nor the offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to…”
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