REPORT TITLE:
Crime Victim Comp.


DESCRIPTION:
Requires, as condition of DAG or DANC plea, payment of
compensation fee to be deposited into the crime victim
compensation special fund.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2533
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIME VICTIM COMPENSATION.
 


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

 1      SECTION 1.  Section 351-62.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  Funds received pursuant to section 354D-12(b)(1) and
 
 4 amounts received pursuant to sections 351-35, 351-62.6, 351-63,
 
 5 [and] 706-605, and 853-1 shall be deposited into the crime victim
 
 6 compensation special fund.  Moneys received shall be used for
 
 7 compensation payments, operating expenses, salaries of positions
 
 8 as authorized by the legislature, and collection of fees. The
 
 9 commission may enter into memorandums of agreement with the
 
10 judiciary for the collection of fees by the judiciary; provided
 
11 that no funds shall be deposited by the judiciary into the crime
 
12 victim compensation special fund until collected."
 
13      SECTION 2.  Section 351-62.6, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  The court shall impose a compensation fee upon every
 
16 [convicted] defendant who has been convicted or who has entered a
 
17 plea under section 853-1 and who is or will be able to pay the
 
18 compensation fee.  The amount of the compensation fee shall be
 
19 commensurate with the seriousness of the offense as follows:
 

 
Page 2                                                     2533
                                     H.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1      (1)  Not less than $100 nor more than $500 for a felony;
 
 2      (2)  $50 for a misdemeanor; and
 
 3      (3)  $25 for a petty misdemeanor.
 
 4 The compensation fee shall be separate from any fine that may be
 
 5 imposed under section 706-640 and shall be in addition to any
 
 6 other disposition under this chapter; provided that the court
 
 7 shall waive the imposition of a compensation fee if the defendant
 
 8 is unable to pay the compensation fee.  Moneys from the
 
 9 compensation fees shall be deposited into the crime victim
 
10 compensation special fund under section 351-62.5."
 
11      SECTION 3.  This Act shall not apply to any person who has
 
12 entered a plea under section 853-1, Hawaii Revised Statutes,
 
13 prior to its effective date.
 
14      SECTION 4.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 5.  This Act shall take effect upon its approval.