Report Title:

Crime Victim Compensation Fee

Description:

Requires written findings of fact justifying waiver of the crime victim compensation fee by the court; provides that defendant's incarceration does not by itself support a finding of inability to pay the fee; specifies the ranking of the fee in the order of priority of defendant's court-ordered payments.

HOUSE OF REPRESENTATIVES

H.B. NO.

2805

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the crime victim compensation fee.

 

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

SECTION 1. Section 351-62.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

(1) Not less than $100 nor more than $500 for a felony;

(2) $50 for a misdemeanor; and

(3) $25 for a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is [unable] not, and will not be able to pay the compensation fee. The court shall make written findings setting forth the specific facts justifying a waiver. The fact of defendant's incarceration, whether in the past, present, or future, shall be an insufficient basis for finding defendant unable to pay the fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5."

SECTION 2. Section 706-605, Hawaii Revised Statutes, is amended by amending subsection (6) to read as follows:

"(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] not, and will not be able to pay the compensation fee. The court shall make written findings setting forth the specific facts justifying a waiver. The fact of defendant's incarceration, whether in the past, present, or future, shall be an insufficient basis for finding defendant unable to pay the fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the following order of priority:

(a) Restitution;

(b) Crime victim compensation fee;

(c) Probation services fee;

(d) Other fees; and

(e) Fines."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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