$ Assmt; Drug Demand

Increases offenses for which drug demand reduction assessment may
be imposed.  Authorizes expenditure from fund to supplement drug
treatment and other drug demand reduction programs.  (SD2)

THE SENATE                              S.B. NO.           S.D. 2
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      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 5 amended by adding a new section to be appropriately designated
 6 and to read as follows:
 7      "706-    Drug demand reduction assessments; special fund.
 8 (1)  In addition to any disposition authorized by chapter 706 or
 9 853, any person [convicted] who is:
10      (a)  Convicted of [a felony or misdemeanor] an offense under
11           part IV of chapter 712, except section 712-1250.5[,];
12      (b)  Convicted under section 707-702.5;
13      (c)  Convicted of a felony or misdemeanor offense under part
14           IV of chapter 329;
15      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3,
16           291-4, 291-4.3, 291-4.4, or 291-7; or
17 any person charged with [such an] any offense under paragraphs
18 (a) to (d) who has been granted a deferred acceptance of guilty
19 or no contest plea [may] shall be ordered to pay a monetary

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 1 assessment under subsection (2).
 2      (2)  Monetary assessments for individuals subject to
 3 subsection (1) shall not [exceeding] exceed the following:
 4      (a)  $3,000 when the offense is a class A felony;
 5      (b)  $2,000 when the offense is a class B felony;
 6      (c)  $1,000 when the offense is a class C felony; [or]
 7      (d)  $500 when the offense is a misdemeanor[.] other than a
 8           misdemeanor in paragraph (e); or
 9      (e)  $250 when the person has been found guilty of an
10           offense under section 712-1249, 291-3.1, 291-3.2,
11           291-3.3, 291-4, 291-4.3, or 291-7.
12 Notwithstanding sections 706-640 and 706-641 and any other law to
13 the contrary, the assessments provided by this section shall be
14 in addition to and not in lieu of, and shall not be used to
15 offset or reduce, any fine authorized or required by law.
16      [(2)] (3)  There is established a special fund to be known
17 as the "drug demand reduction assessments special fund" to be
18 administered by the department of health.  The disbursement of
19 moneys from the drug demand reduction assessments special fund
20 shall be used to supplement drug treatment and other drug demand
21 reduction programs.
22      [(3)] (4)  All monetary assessments paid and interest
23 accrued on funds collected pursuant to this section shall be

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 1 deposited into the drug demand reduction assessments special
 2 fund.  Any unexpended moneys remaining in the drug demand
 3 reduction assessments special fund upon the repeal of this
 4 section shall lapse into the general fund.
 5      [(4)] (5)  Restitution to the victim of a crime enumerated
 6 in subsection (1) shall be made before payment of the monetary
 7 assessment.
 8      [(5)  The court shall not order the defendant to pay the
 9 monetary assessment unless the defendant is or will be able to
10 pay the monetary assessment.]
11      (6)  Upon a showing by the defendant that the defendant is
12 or will be unable to pay the monetary assessment during the
13 period of the defendant's sentence, the court may decline to
14 order the defendant to pay the monetary assessment."
15      SECTION 2.  There is appropriated out of the drug demand
16 reduction assessments special fund the sum of $          , or so
17 much thereof as may be necessary for fiscal year 1999-2000, and
18 $          , or so much thereof as may be necessary for fiscal
19 year 2000-2001, to supplement drug treatment and other drug
20 demand reduction programs.  The sums appropriated shall be
21 expended by the department of health for the purposes of this
22 section.
23      SECTION 3.  This Act does not affect rights and duties that

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                                     S.B. NO.           S.D. 2

 1 matured, penalties that were incurred, and proceedings that were
 2 begun, before its effective date.
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 5.  This Act shall take effect on July 1, 1999.