Bill Text: HI HB1624 | 2022 | Regular Session | Amended


Bill Title: Relating To The Crime Victim Compensation Fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Okimoto voting aye with reservations; none voting no (0) and Representative(s) Tokioka excused (1). [HB1624 Detail]

Download: Hawaii-2022-HB1624-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1624

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE CRIME VICTIM COMPENSATION FEE.

 

 

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

 


     SECTION 1.  The legislature finds that the crime victim compensation commission is struggling financially due to failure of judges to order the crime victim compensation fee in eligible cases and court closures resulting from the coronavirus disease 2019 (COVID-19) pandemic.  The crime victim compensation fee was created by the legislature in 1998 to act as the primary funding source of the crime victim compensation commission.  Collection shortfalls of the crime victim compensation fee over many years have effectively deprived the crime victim compensation commission of the funding reserve it needed to survive the COVID-19 pandemic and pandemic-related court closures.  These funding shortfalls so limited the crime victim compensation commission's funding reserve that the crime victim compensation commission was in danger of closing had the legislature not provided an emergency infusion of funding in 2021.

     Despite this infusion of funding, the legislature further finds that the crime victim compensation commission continues to face funding problems.  Revenue from the crime victim compensation fee has again declined during the first half of fiscal year 2022 and is eight per cent lower than revenue for the same period from fiscal year 2021.

     The purpose of this Act is to require that if a court waives the imposition of a compensation fee due to a defendant's inability to pay, the judiciary shall deposit into the crime victim compensation special fund an amount equal to one half of the compensation fee that would have been imposed upon the defendant.

     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] No 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 if the court [shall waive] waives the imposition of a compensation fee [if] because the defendant is unable to pay the compensation fee[.], the judiciary shall deposit into the crime victim compensation special fund an amount equal to one half of the compensation fee that would have been imposed upon the defendant pursuant to this subsection.  Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5."

     SECTION 3.  Section 706-605, Hawaii Revised Statutes, is amended by amending subsection (6) to read as follows:

     "(6)  The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351‑62.6; provided that if the court [shall waive] waives the imposition of a compensation fee [if] because it finds that the defendant is unable to pay the compensation fee[.], the judiciary shall deposit into the crime victim compensation special fund an amount equal to one half of the compensation fee that would have been imposed upon the defendant pursuant to section 351-62.6.  When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the order of priority established in section 706-651."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2022.

 


 


 

Report Title:

Crime Victim Compensation Fee; Crime Victim Compensation Special Fund; Judiciary

 

Description:

Requires that if a court waives the imposition of a compensation fee due to a defendant's inability to pay, the judiciary shall deposit into the crime victim compensation special fund an amount equal to one half of the compensation fee that would have been imposed upon the defendant.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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