Bill Text: HI HB299 | 2010 | Regular Session | Amended
Bill Title: DNA Analysis Fee; Priority of Payment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB299 Detail]
Download: Hawaii-2010-HB299-Amended.html
Report Title:
DNA Analysis Fee; Priority of Payment
Description:
Establishes the payment priority of the DNA analysis fee over other fees and fines assessed against a defendant by the court. (HB299 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
299 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PENAL CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 following order of priority:
(a) Restitution;
(b) Crime victim compensation fee;
(c) DNA analysis fee;
[(c)] (d) Probation services fee;
[(d)] (e) Other fees; and
[(e)] (f) Fines."
SECTION 2. Section 706‑648, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) The entire fee ordered or assessed shall be payable forthwith by cash, check, or by a credit card approved by the court. When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, pay a DNA analysis fee, or pay other fees in addition to the probation services fee under subsection (1), payments by the defendant shall be made in the following order of priority:
(a) Restitution;
(b) Crime victim compensation fee;
(c) DNA analysis fee;
[(c)] (d) Probation services fee;
[(d)] (e) Other fees; and
[(e)] (f) Fines."
SECTION 3. Section 706‑650, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:
"(5) Restitution to the victim of a crime
enumerated in subsection (1) shall be made, and [probation fees and] crime victim compensation fees, DNA
analysis fees, and probation services fees imposed under [part] parts I and III [of chapter
706] shall be paid, before payment of the monetary assessment."
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 January 1, 2046.
