Bill Text: HI HB1624 | 2022 | Regular Session | Introduced
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-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1624 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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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). 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.
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. Requiring judges to order payment of the crime victim compensation fee will help to address the crime victim compensation commission's funding shortfalls. Additionally, courts will still have the discretion to postpone payment of the fee for defendants that are unable to pay at the time of sentencing. Pursuant to section 706-644, Hawaii Revised Statutes, in cases where the defendant is not acting contumaciously, the court may order additional time for payment and the defendant will not be imprisoned for failure to pay.
The purpose of this Act is to require judges to order the crime victim compensation fee in all eligible cases.
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. 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 the court shall waive the imposition of a compensation fee if it
finds that the defendant is unable to pay the compensation fee]. 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.
SECTION 6. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Crime Victim Compensation Fee; Crime Victim Compensation Commission
Description:
Repeals the discretion of a Court to waive payment of the Crime Victim Compensation Fee due to the defendant's inability to pay.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
