STAND. COM. REP. NO.57-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2563

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2563 entitled:

"A BILL FOR AN ACT RELATING TO COMPENSATION OF CRIME VICTIMS,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Raise the maximum compensation for crime victim compensation from $10,000 to $20,000 in cases requiring compensable medical expenses; and

(2) Provide that in determining the amount of compensable medical expenses to be awarded to a victim, the Crime Victim Compensation Commission (CVCC) shall deduct amounts or benefits received by the victim from collateral sources.

CVCC, the Department of the Prosecuting Attorney of the City and County of Honolulu, the Victim/Witness Assistance Division of the Department of the Prosecuting Attorney for the County of Maui, the Office of the Prosecuting Attorney for the County of Hawaii, the Office of the Prosecuting Attorney for the County of Kauai, the Sex Abuse Treatment Center, and several concerned citizens testified in favor of this bill.

Your Committee finds that Hawaii and five other states cap victim compensation awards at $10,000. All other states have higher caps, and the median maximum compensation cap is $25,000.

According to CVCC, during the past several fiscal years, a relatively small number of victims had compensable medical expenses exceeding the $10,000 limit. In the past fiscal year, however, about ten victims did not have medical insurance and could not afford continued medical treatment, rehabilitation therapy, or mental health counseling services deemed by competent medical authorities to be needed for complete recovery from their injuries. Your Committee finds that this bill makes compensation possible for medical expenses in excess of the statutory cap of $10,000.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2563 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

 

____________________________

NESTOR GARCIA, Chair