$ Assmt; Drug Demand

Increases offenses for which drug demand reduction assessment may
be imposed.  Authorizes expenditure of $33,000 for FY 1999-2000;
otherwise limits expenditure to deposit balance.  Repeals sunset
provision of drug demand reduction assessment special fund.
Provides for lapse into general fund, if fund is repealed.

HOUSE OF REPRESENTATIVES                H.B. NO.1495       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Act 205, Session Laws of Hawaii 1995, as amended
 2 by Act 7, Session Laws of Hawaii 1996, and Act 152, Session Laws
 3 of Hawaii 1998, is amended as follows:
 4      1.  By amending section 1 to read:
 5      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 6 amended by adding a new section to be appropriately designated
 7 and to read as follows:
 8      "706-    Drug demand reduction assessments; special fund.
 9 (1)  In addition to any disposition authorized by chapter 706 or
10 853, any person [convicted] who is:
11      (a)  Convicted of [a felony or misdemeanor] an offense under
12           part IV of chapter 712, except section 712-1250.5[,];
13      (b)  Convicted under section 707-702.5;
14      (c)  Convicted of a felony or misdemeanor offense under part
15           IV of chapter 329;
16      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3,
17           291-4, 291-4.3, 291-4.4, 291-4.5, or 291-7; or
18      (e)  Found in violation of part XIV of chapter 286; or
19 any person charged with [such an] any offense under paragraphs

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                                     H.B. NO.1495       

 1 (a) to (e) who has been granted a deferred acceptance of guilty
 2 or no contest plea [may] shall be ordered to pay a monetary
 3 assessment under subsection (2).
 4      (2)  Monetary assessments for individuals subject to
 5 subsection (1) shall not [exceeding] exceed the following:
 6      (a)  $3,000 when the offense is a class A felony;
 7      (b)  $2,000 when the offense is a class B felony;
 8      (c)  $1,000 when the offense is a class C felony; [or]
 9      (d)  $500 when the offense is a misdemeanor[.] other than a
10           misdemeanor in paragraph (e); or
11      (e)  $250 when the person has been found guilty of an
12           offense under section 712-1249, 291-3.1, 291-3.2,
13           291-3.3, 291-4, 291-4.3, 291-4.5, or 291-7 or a
14           violation of part XIV of chapter 286.
15 Notwithstanding sections 706-640 and 706-641 and any other law to
16 the contrary, the assessments provided by this section shall be
17 in addition to and not in lieu of, and shall not be used to
18 offset or reduce, any fine authorized or required by law.
19      [(2)] (3)  There is established a special fund to be known
20 as the "drug demand reduction assessments special fund" to be
21 administered by the department of health.  The disbursement of
22 moneys from the drug demand reduction assessments special fund
23 shall be used to supplement drug treatment and other drug demand

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                                     H.B. NO.1495       

 1 reduction programs.  The department may expend $33,000 during
 2 fiscal year 1999-2000.  In subsequent fiscal years, expenditures
 3 and obligations incurred against the fund shall not exceed the
 4 deposit balance for the fund.
 5      [(3)] (4)  All monetary assessments paid and interest
 6 accrued on funds collected pursuant to this section shall be
 7 deposited into the drug demand reduction assessments special
 8 fund.  Any unexpended moneys remaining in the drug demand
 9 reduction assessments special fund upon the repeal of this
10 section shall lapse into the general fund.
11      [(4)] (5)  Restitution to the victim of a crime enumerated
12 in subsection (1) shall be made before payment of the monetary
13 assessment.
14      [(5)  The court shall not order the defendant to pay the
15 monetary assessment unless the defendant is or will be able to
16 pay the monetary assessment.]
17      (6)  Upon a showing by the defendant that the defendant is
18 or will be unable to pay the monetary assessment during the
19 period of the defendant's sentence, the court may decline to
20 order the defendant to pay the monetary assessment."
21      2.  By amending section 4 to read as follows:
22      "SECTION 4.  This Act shall take effect upon its approval
23 [and shall be repealed on June 30, 2001]."

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                                     H.B. NO.1495       

 1      SECTION 2.  This Act shall apply to any person sentenced
 2 after its effective date.
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 4.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:  _______________________