Report Title:

Drug Demand Reduction Assessments

Description:

Establishes permanently the Drug Demand Reduction Assessments Special Fund. Requires monetary assessments, provided the individual is able to pay. (HB2477 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2477

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUG DEMAND REDUCTION ASSESSMENTS.

 

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

SECTION 1. Act 205, Session Laws of Hawaii 1995, as amended by Act 7, Session Laws of Hawaii 1996, Act 152, Session Laws of Hawaii 1998, and Act 116, Session Laws of Hawaii 2001, is amended:

1. By amending section 1 to read:

"706-    Drug demand reduction assessments; special fund. (1) In addition to any disposition authorized by chapter 706 or 853, any person convicted of a felony or misdemeanor offense under part IV of chapter 712, except section 712-1250.5, or any person charged with such an offense who has been granted a deferred acceptance of guilty or no contest plea [may] shall be ordered to pay a monetary assessment not exceeding the following:

(a) $3,000 when the offense is a class A felony;

(b) $2,000 when the offense is a class B felony;

(c) $1,000 when the offense is a class C felony; or

(d) $500 when the offense is a misdemeanor.

Notwithstanding sections 706-640 and 706-641 and any other law to the contrary, the assessments provided in this section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law.

An individual who is unable to pay the monetary assessment shall demonstrate their financial inability to pay the assessment."

2. By amending section 4 to read as follows:

"SECTION 4. This Act shall take effect upon its approval [and shall be repealed on June 30, 2004]."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect on June 29, 2004.