Bill Text: HI HB1774 | 2018 | Regular Session | Amended
Bill Title: Relating To Collection Of Restitution For Crime Victims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-04-20 - Received notice of Senate conferees (Sen. Com. No. 804). [HB1774 Detail]
Download: Hawaii-2018-HB1774-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1774 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§706- Income withholding for payment of
restitution. (1) Whenever a person is sentenced and a judgment
or order is entered establishing, modifying, or enforcing restitution, the court
shall allow ninety days for a defendant to make payment in full. If the judgment or order is not satisfied
after ninety days, the court shall issue an income withholding order that shall
operate as an assignment to the department of the attorney general for the
benefit of the victim, of amounts that are due at times that may be specified
in the judgment or order, but no less than $30 per month, from the defendant's
income due or to become due in the future from the defendant's employer or
successor employers. A copy of the income
withholding order shall be filed with the clerk of the court that issued the income withholding order.
(2)
The income withholding order issued pursuant to subsection (1) shall be
effective immediately after service upon an employer of a copy of the order,
which service may be effected by the department of the attorney general by
regular mail, personal delivery, or transmission through electronic means. Thereafter, the employer, for each pay
period,
shall withhold from the income due to the defendant from the employer and
transmit to the department of the attorney general as much as may remain
payable to the defendant and is not required to be withheld by any other
provision of federal or state law, for the pay period up to the amount
specified in the order as being payable during the same pay period. The employer shall immediately inform the
department of the attorney general of any change that would affect the income
withholding order.
(3)
Compliance by an employer with an income withholding order issued
pursuant to subsection (1) shall operate as a discharge of the employer's
liability to the defendant for that
portion
of the defendant's earnings withheld and transmitted to the department of the
attorney general, regardless of whether the employer has withheld the correct
amount. For each payment made pursuant
to an income withholding order, the employer may deduct and retain as an
administrative fee an additional amount of $2 from the income owed to the
defendant. The total amount withheld
from the defendant's income, including the administrative fee, shall not exceed
the maximum amounts permitted under section 303(b) of the Consumer Credit
Protection
Act (15 U.S.C. 1673(b)).
(4)
Any income withholding order issued pursuant to this section shall:
(a) Have priority as against any garnishment,
attachment, execution, or other income withholding order, or any other order,
except for any order made pursuant to chapters 571, 576B, 576D, 576E, 580, and
584; and
(b) Not
be subject to the exemptions or restrictions contained in part III of chapter
651 and in chapters 652 and 653.
(5)
An employer who fails to comply with an income withholding order under
this section shall be liable to the victim or the department of the attorney
general for the full amount of all sums ordered to be withheld and
transmitted. An employer receiving an
income withholding order shall:
(a) Transmit withheld amounts to the department of the attorney general within five business days after the defendant is paid; and
(b) Begin withholding no later than the first pay period commencing within seven business days following the date a copy of the order is served upon the employer by regular mail, personal delivery, or electronic means.
(6)
An employer who complies with an income withholding order
that is valid on its face shall not be subject to civil liability to any person
or agency for conduct in compliance with the order.
(7) An employer who is required to withhold
amounts from the income of more than one employee may remit to the department
of the attorney general a sum total of all amounts in one lump check with a
listing of the amounts applicable to each employee.
(8) Within thirty days after receipt of the
amounts withheld by the employer, the department of the attorney general shall disburse the amounts to
the appropriate victim.
(9)
An income withholding order shall be terminated when appropriate by
court order. The department of the
attorney general shall promptly refund any amount withheld in error to the
defendant.
(10)
If there is more than one restitution judgment or order, the amounts
withheld from the income of a defendant shall be allocated among the different
restitution judgments or orders. If the
concurrent income withholding orders would cause the amounts withheld from the
defendant's income to exceed applicable wage withholding limitations
established under this section, the amount withheld shall be allocated so that
in no case does the allocation result in a withholding for any of the
restitution obligations not being implemented.
(11)
If a defendant changes employment while an income withholding order is
in effect, the department of the attorney general shall notify the defendant's
new employer of the defendant's and the new employer's respective obligations
under this section. The new employer
shall be bound by the income withholding order until further court order.
(12)
As used in this section, and notwithstanding any other provision of law:
"Business day" means a day on
which an employer's office is open for regular business.
"Employer" means any person,
including the United States government, the State, and any political
subdivision thereof, who uses or engages the services of any person in exchange
for the payment of wages or other means of exchange, or who is or shall become
obligated for payment of income; provided that this meaning shall not apply if
the employed individual is incarcerated in a correctional facility or engaged
in an inmate work furlough program within the State.
"Income" includes without
limitation salaries, wages, earnings, workers' compensation, commissions, fees,
bonuses, independent contractor income, and any other entitlement to money,
including moneys payable as a disability, death, or other benefit, or moneys
from the State or a political subdivision thereof, or from any disability
system established under law by the State or any political subdivision thereof."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to the department of the attorney general for the purpose of enhancing restitution collection pursuant to section 1 of this Act, including the hiring of any necessary staff.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2035; provided that section 2 shall take effect on July 1, 2035.
Report Title:
Honolulu Prosecuting Attorney Package; AG; Crime Victims; Restitution; Appropriation
Description:
Establishes standards and procedures for withholding income to pay restitution orders. Appropriates funds to the Department of the Attorney General for enhancing restitution collection. Effective 7/1/2035. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
