STAND. COM. REP. NO. 2085

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2691
                                        




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.
2691 entitled: 

     "A BILL FOR AN ACT RELATING TO THE JUDICIARY,"

begs leave to report as follows:

     The purpose of this measure is to authorize the waiver of
filing fees pursuant to sections 607-4 and 607-5, Hawaii Revised
Statues, when victims of crimes seek civil enforcement of
criminal restitution.

     Your Committee finds that with the passage of Act 269,
Session Laws of Hawaii 1998, crime victims were provided with an
enhanced means of recovering restitution awarded in criminal
cases by permitting them to use civil enforcement proceedings to
collect the restitution.  The primary objective of Act 269 was to
facilitate the recovery of restitution for victims and to restore
them without the burden of additional court proceedings and
costs.  Your Committee further finds that with the implementation
of Act 269, courts were obligated under a separate statute to
impose a mandatory $225.00 filing fee upon the victims when they
sought civil enforcement of court-ordered restitution.  Your
Committee believes that by waiving the mandatory filing fees,
crime victims will be further empowered in their struggle to
achieve financial recuperation from their victimization.

     Testimony in support of this measure was submitted by the
Judiciary and the Department of the Prosecuting Attorney of the
City and County of Honolulu.

 
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     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.
2691 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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