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HOUSE OF REPRESENTATIVES

H.B. NO.

1221

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE GARNISHMENT OF COMMITTED PERSONS' MONEYS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 353-22.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]353-22.5[]] Garnishment to cover nonbudgeted costs. All moneys received by windfall, judgment, or settlement or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority:

(1) Restitution to victims;

(2) Child support payments by order of the court;

(3) Crime victim compensation fees by order of the court;

[(3)] (4) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and

[(4)] (5) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes.

All moneys collected by the department pursuant to paragraph [(3) or] (4) or (5) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST