STAND. COM. REP. NO. 273

Honolulu, Hawaii

, 2005

RE: S.B. No. 1328

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1328 entitled:

"A BILL FOR AN ACT RELATING TO THE CRIME VICTIM COMPENSATION FEE,"

begs leave to report as follows:

The purpose of this measure is to make the crime victim compensation fee mandatory regardless of the defendant's ability to pay and to prioritize the order in which a defendant's court-ordered payments shall be made.

Testimony in support of the measure was submitted by the Crime Victim Compensation Commission, the Department of the Prosecuting Attorney for the City and County of Honolulu, and the Hawaii Chapter of Mothers Against Drunk Driving. Testimony in opposition to the measure was submitted by the Judiciary and the Office of the Public Defender.

Your Committee finds that the crime victim compensation fee is not being assessed on a regular basis against criminal defendants based solely upon a defendant's inability to pay the fee. This measure makes the crime victim compensation fee mandatory regardless of the defendant's financial resources or ability to pay. The measure also requires payment of fees in the following order of priority: restitution, crime victim compensation fee, probation services fee, other fees, and fines. Your Committee further finds that the establishment of a priority system regarding the court-ordered fees that a defendant is responsible for paying ensures that that the victim of the defendant's crime receives the first amount of compensation paid by the defendant.

Your Committee has amended this measure by:

(1) Removing the requirement that makes the crime victim compensation fee mandatory for all criminal defendants regardless of the defendant's ability to pay; and

(2) Imposing a $10 increase in the compensation fees that a criminal defendant may be ordered to pay based on the type of criminal offense.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1328, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1328, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair