HOUSE OF REPRESENTATIVES	H.B. NO.	1165
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to crime victim compensation.

 

 

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

 

     SECTION 1.  The purpose of this Act is to ensure adequate funding of the crime victims compensation fund by removing the court's option to waive the crime victim compensation fee by finding the defendant unable to pay.

     SECTION 2.  Section 351-62.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 [and who is or will be able to pay the compensation fee].  The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

     (1)  Not less than $105 nor more than $505 for a felony;

     (2)  $55 for a misdemeanor; and

     (3)  $30 for a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter[; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee].  Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Crime Victim Compensation; Mandatory Fee

 

Description:

Removes the provision allowing criminal courts to waive the crime victim compensation fee upon a finding that the defendant is unable to pay.

 

 

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