STAND. COM. REP. NO. 2051

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2533
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2533 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME VICTIM COMPENSATION,"

begs leave to report as follows:

     The purpose of this bill is to require, as a condition of a
deferred acceptance of guilty plea or deferred acceptance of nolo
contendere plea, payment of a compensation fee to be deposited
into the crime victim compensation special fund.

     Your Committee finds that defendants who choose to enter a
deferred guilty or nolo contendere plea currently do not pay into
the crime victim compensation special fund.  Your Committee notes
concerns that many defendants who are actually innocent may
nonetheless choose to enter such a deferred plea rather than face
the risks inherent in a criminal trial.  However, your Committee
further notes the likelihood that defendants who make such a plea
are, in many other cases, actually guilty of the offense charged,
although they are at low risk of re-offending.  Your Committee
believes that all those who have committed criminal offenses
should be required to pay into the crime victim compensation
fund, unless the court determines that they are unable to pay.
Given the relatively small amount of the compensation fee to be
charged, your Committee believes that the compensation fee is a
minor additional requirement and may appropriately be imposed on
such defendants.


 
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                                   STAND. COM. REP. NO. 2051
                                   Page 2


     Testimony in support of this measure was submitted by the
Crime Victim Compensation Commission.  Testimony in opposition to
this measure was submitted by the Office of the Public Defender.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2533 and recommends that it pass Second Reading and be referred
to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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