STAND. COM. REP. NO. 2127

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2177

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committees on Judiciary and Labor, to which was referred S.B. No. 2177 entitled:

 

"A BILL FOR AN ACT RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Create standards and procedures for income withholding for the purpose of enforcing restitution orders; and

 

     (2)  Appropriate monies to the Department of the Attorney General.

 

     Your Committees received testimony in support of this measure from the Crime Victim Compensation Commission, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, and one individual.  Your Committees received testimony in opposition to this measure from the Office of the Public Defender.  Your Committees received comments on this measure from the Department of the Attorney General.

 

     Your Committees find that many victims of crimes in the State have no effective means to collect restitution even if the offender has the ability to make restitution payments.  Court-ordered restitution payments are difficult to recover if an offender chooses not to cooperate with the payment order.  This measure will authorize courts to order income withholding for the payment of restitution orders.

 

     Your Committees note the testimony of the Department of the Attorney General that implementation of this measure will necessitate the Department to hire two additional staff and require at least $180,000 in appropriations.

 

     Your Committees have amended this measure by:

 

     (1)  Changing the required time for the Department of the Attorney General to disburse withheld funds to the victim after receipt of the funds from the employer from five business days to ten business days; and

 

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion.

 

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2177, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2177, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor,

 

________________________________

JILL N. TOKUDA, Chair

 

________________________________

BRIAN T. TANIGUCHI, Chair