THE SENATE |
S.B. NO. |
2817 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIME VICTIM COMPENSATION FOR MENTAL HEALTH SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Section 351-31, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) In the event any private citizen is injured
or killed by any act or omission of any other person coming within the criminal
jurisdiction of the State after June 6, 1967, or any state resident is injured
or killed by any act or omission of any other person after July 1, 1989, in
another state, which act or omission is within the description of the crimes
enumerated in section 351-32, or any resident of this State who is injured or
killed by an act of terrorism occurring outside the United States, as defined
in title 18 United States Code section 2331, the commission in its discretion,
upon an application, may order the payment of compensation in accordance with
this chapter:
(1) To or for the benefit of the victim;
(2) To any person responsible for the maintenance
of the victim, if that person has suffered pecuniary loss or incurred expenses
as a result of the victim's injury or death;
(3) In the case of the death of the victim, to or
for the benefit of any one or more of the dependents of the deceased victim;
(4) To any person who has incurred expenses on
account of hospital, medical, funeral, and burial expenses as a result of the
deceased victim's injury and death; [or]
(5) In cases involving a mass casualty incident,
for mental health services to or for the benefit of:
(A) A relative of the deceased victim;
(B) A witness to the mass casualty; or
(C) An individual engaged in business or educational
activities at the scene of the mass casualty incident;
provided
that compensation to a victim shall have priority over compensation to a
relative, a witness, or another individual under this paragraph, and provided
further that this paragraph shall not apply to a member of a public or private
agency responding to or providing services as a result of a mass casualty
incident[.];
(6) In the case of the death of the victim, for
mental health services to or for the benefit of any one or more of the surviving
relatives of the deceased victim; provided that compensation on behalf of the
deceased victim shall have priority over compensation to a surviving relative;
or
(7) In the case of a crime of abuse of family or
household members under section 709-906, for mental health services to or for
the benefit of a child witness; provided that compensation to the victim shall
have priority over compensation to a witness under this paragraph."
SECTION 2. Section 351-33, Hawaii Revised Statutes, is amended to read as follows:
"§351-33
Award of compensation. The
commission may order the payment of compensation under this part for:
(1) Expenses actually and reasonably incurred
during the period of the injury or death of the victim;
(2) Loss to the victim of earning power as a
result of total or partial incapacity;
(3) Pecuniary loss to the dependents of the
deceased victim;
(4) Pain and suffering to the victim;
(5) Any other pecuniary loss directly resulting
from the injury or death of the victim that the commission determines to be
reasonable and proper; [and]
(6) Expenses actually and reasonably incurred for
mental health services in the case of a mass casualty incident[.];
(7) Expenses actually and reasonably incurred
for mental health services to or for the benefit of any one or more of the
surviving relatives in the case of a deceased victim; and
(8) Expenses actually and reasonably incurred for
mental health services to or for the benefit of a child witness in the case of
a crime of abuse of family or household members under section 709-906."
SECTION 3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Crime Victim Compensation; Mental Health Services
Description:
Authorizes crime victim compensation for mental health services for survivors in cases involving a death and for children who witness domestic violence. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.