Crime Victims; Restitution Required
Removes judicial discretion to mandate that defendants make restitution to victims. Provides that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
relating to victim restitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-605, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) Except as provided in parts II and IV [
of this chapter or in], section 706-647, and subsections (2) and (6) [ of this section], and subject to the applicable provisions of this Code, the court may sentence a convicted defendant to one or more of the following dispositions:
(a) To be placed on probation as authorized by part II of this chapter;
(b) To pay a fine as authorized by part III and section 706-624 of this chapter;
(c) To be imprisoned for a term as authorized by part IV of this chapter; or
(d) To make restitution in an amount the defendant can afford to pay; provided that the court may order any restitution to be paid to victims pursuant to section 706-646 or to the crime victim compensation special fund in the event that the victim has been given an award for compensation under chapter 351 and, if the court orders, in addition to restitution, payment of fine in accordance with paragraph (b), the payment of restitution and a compensation fee shall have priority over the payment of the fine; payment of restitution shall have priority over payment of a compensation fee; or (e)] (d) To perform services for the community under the supervision of a governmental agency or benevolent or charitable organization or other community service group or appropriate supervisor; provided that the convicted person who performs such services shall not be deemed to be an employee of the governmental agency or assigned work site for any purpose. All persons sentenced to perform community service shall be screened and assessed for appropriate placement by a governmental agency coordinating public service work placement as a condition of sentence."
2. By amending subsection (6) to read:
"(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a compensation fee if it finds that the defendant is unable to pay the compensation fee. In addition, the court shall order the defendant to make restitution for losses as provided in section 706-646. In ordering restitution, the court shall consider the defendant's financial ability to make restitution payments only for the purposes of establishing a restitution payment schedule."
SECTION 2. Section 706-646, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:
"(2) The court [
may] shall order the defendant to make restitution for losses suffered by the victim or victims as a result of the defendant's offense. The court may order restitution to be paid to the crime victim compensation commission in the event that the victim has been given an award for compensation under chapter 351.
(3) In ordering restitution, the court shall consider the defendant's financial ability to make restitution payments only for the purpose of establishing a restitution payment schedule. Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses including but not limited to:
(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;
(b) Medical expenses; and
(c) Funeral and burial expenses incurred as a result of the crime."
SECTION 3. Section 801D-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Notwithstanding any law to the contrary, payment of restitution and judgments to victims, or surviving immediate family members of a victim, shall be a precondition for release on parole for any imprisoned person [
whom the Hawaii paroling authority determines has the financial ability to make complete or partial restitution payments or complete or partial judgment payments to the victim of the person's crime, or to the surviving immediate family members of a victim]."
SECTION 4. This Act shall not apply to any defendant in any criminal proceeding commenced prior to its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.