Report Title:

Crime Victim Compensation

Description:

Exempt government records of the Crime Victim Compensation Commission from the Uniform Information Practices Act; allow funds from nonpayable restitution to be used for crime victim compensation, rather than escheating to the State; allow commission to transfer compensation awards to minors under the Uniform Transfers to Minors Act; give commission authority to expand coverage for mental health services; rename the "pain and suffering" award to more clearly reflect the purpose of the award; and require the judiciary to transmit an annual report to the legislature per progress in meeting the requirements of Act 206, Session Laws 1998.

THE SENATE

S.B. NO.

618

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to crime victim compensation.

 

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

 

SECTION 1. The purpose of this Act is to amend the law relating to the crime victim compensation commission as follows:

(1) Exempt government records of the crime victim compensation commission from disclosure under the Uniform Information Practices Act (Modified) to provide full records confidentiality;

(2) Provide that restitution collected by the judiciary on behalf of the commission for a victim who cannot be located shall be deposited to the credit of the crime victim compensation fund;

(3) Allow the commission to transfer a minor's compensation award to an appropriate state agency, adult, or trust company as custodian for the benefit of the minor under the Uniform Transfers to Minors Act;

(4) Give the commission the authority to pay for mental health services for surviving relatives in cases involving a death or sexual assault, and for child witnesses or witnesses who are sixty years of age or older in cases involving domestic abuse and other violent crimes;

(5) Amend the law relating to awards of compensation made by the commission for "pain and suffering" to victims and private persons, to instead be made as "acknowledgment awards" to those persons; and

(6) Require that the judiciary provide an annual report to the legislature detailing their progress in meeting the requirements of Act 206, Session Laws of Hawaii 1998, which provides for the mandatory assessment of a compensation fee, the proceeds of which are used to fund the crime victim compensation commission.

SECTION 2. Chapter 553A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§553A- Transfer by the crime victim compensation commission. Notwithstanding any law to the contrary, if the crime victim compensation commission has ordered the payment of an award of compensation to a minor pursuant to chapter 351, the commission may make an irrevocable transfer of that award to an appropriate state agency, adult, or trust company as custodian for the benefit of the minor pursuant to section 553A-9." SECTION 3. Section 92F-13, Hawaii Revised Statutes, is amended to read as follows:

"§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;

(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;

(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; [and]

(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature[.]; and

(6) Government records of the crime victim compensation commission established pursuant to section 351-11."

SECTION 4. Section 351-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the event any private citizen is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State after June 6, 1967, or any state resident is injured or killed by any act or omission of any other person after July 1, 1989, in another state, which act or omission is within the description of the crimes enumerated in section 351-32, or any resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in Title 18 United States Code section 2331, the commission in its discretion, upon an application, may order the payment of compensation in accordance with this chapter:

(1) To or for the benefit of the victim;

(2) To any person responsible for the maintenance of the victim, if that person has suffered pecuniary loss or incurred expenses as a result of the victim's injury or death;

(3) In the case of the death of the victim, to or for the benefit of any one or more of the dependents of the deceased victim;

(4) To any person who has incurred expenses on account of hospital, medical, funeral, and burial expenses as a result of the deceased victim's injury and death; [or]

(5) In cases involving a mass casualty incident, for mental health services to or for the benefit of:

(A) A relative of the deceased victim;

(B) A witness to the mass casualty; or

(C) An individual engaged in business or educational activities at the scene of the mass casualty incident;

provided that compensation to a victim shall have priority over compensation to a relative, a witness, or another individual under this paragraph, and provided further that this paragraph shall not apply to a member of a public or private agency responding to or providing services as a result of a mass casualty incident[.];

(6) In cases involving a death or sexual assault, for mental health services for the surviving relatives; or

(7) In cases involving a crime enumerated in section 351-32, for mental health services to or for the benefit of a child witness or a witness who is sixty years of age or older; provided that compensation to a victim shall have priority over compensation to a witness under this paragraph; and provided further that this paragraph shall not apply to a member of a public or private agency responding to or providing services as a result of a violent crime."

SECTION 5. Section 351-33, Hawaii Revised Statutes, is amended to read as follows:

"§351-33 Award of compensation. The commission may order the payment of compensation under this part for:

(1) Expenses actually and reasonably incurred during the period of the injury or death of the victim;

(2) Loss to the victim of earning power as a result of total or partial incapacity;

(3) Pecuniary loss to the dependents of the deceased victim;

(4) [Pain and suffering] Acknowledgment award to the victim;

(5) Any other pecuniary loss directly resulting from the injury or death of the victim that the commission determines to be reasonable and proper; [and]

(6) Expenses actually and reasonably incurred for mental health services in the case of a mass casualty incident[.];

(7) Expenses actually and reasonably incurred for mental health services for the surviving relatives in cases involving a death or sexual assault; and

(8) Expenses actually and reasonably incurred for mental health services for a child witness or a witness who is sixty years of age or older in cases involving a crime enumerated in section 351-32."

SECTION 6. Section 351-52, Hawaii Revised Statutes, is amended to read as follows:

"§351-52 Award of compensation. The commission may order the payment of compensation under this part for:

(1) Expenses actually and reasonably incurred during the period of the injury of the private citizen;

(2) [Pain and suffering] Acknowledgment award to the private citizen;

(3) Loss to the private citizen of earning power as a result of total or partial incapacity; and

(4) Pecuniary loss to the private citizen directly resulting from damage to the citizen's property."

SECTION 7. Section 351-62.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Funds received pursuant to section 354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351-63, 706-605, 706-646, 712A-18, and 853-1 shall be deposited into the crime victim compensation special fund. Moneys received shall be used for compensation payments, operating expenses, salaries of positions as authorized by the legislature, and collection of fees. The commission may enter into memorandums of agreement with the judiciary for the collection of fees by the judiciary; provided that no funds shall be deposited by the judiciary into the crime victim compensation special fund until collected."

SECTION 8. Section 351-70, Hawaii Revised Statutes, is amended to read as follows:

"§351-70 Annual report. (a) The commission shall transmit annually to the governor and to the director of public safety, at least thirty days prior to the convening of the legislature a report of its activities under this chapter [including a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the names of attorneys and health care providers where they are the applicants. The director of public safety shall, within five days after the opening of the legislative session, transmit the report, together with a tabulation of the total amount of compensation awarded during the prior fiscal year and an estimate of the amount that is reasonably estimated to be required for the next fiscal year, and a legislative bill to appropriate funds for the crime victim compensation special fund for the next fiscal year. The commission shall provide upon request of the governor, the director of public safety, or the legislature, the relevant data, including the names of all applicants for compensation, under this chapter].

(b) The judiciary shall transmit annually to the governor and to the director of public safety, at least thirty days prior to the convening of the legislature, a report detailing the progress of the judiciary in meeting the requirements of Act 206, Session Laws of Hawaii 1998, including specific information regarding:

(1) Actual versus estimated compensation fee collections and the method of estimation;

(2) The number of eligible cases in which the fee was ordered;

(3) The number of eligible cases in which the fee was collected;

(4) The number of eligible cases in which the fee was waived; and

(5) In eligible cases in which the fee was waived, the criteria used for waiving the fee."

SECTION 9. Section 706-646, Hawaii Revised Statutes, is amended to read as follows:

"§706-646 Victim restitution. (1) As used in this section, "victim" includes any of the following:

(a) The direct victim of a crime including a business entity, trust, or governmental entity;

(b) If the victim dies as a result of the crime, a surviving relative of the victim as defined in chapter 351; or

(c) A governmental entity [which] that has reimbursed the victim for losses arising as a result of the crime.

(2) The court may 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) 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.

(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351-33.

(5) Notwithstanding any law to the contrary, any amount of restitution collected pursuant to this section that is not payable to the victim because the victim cannot be located shall be deposited to the credit of the crime victim compensation fund established in section 351-62.5."

SECTION 10. Section 712A-18, Hawaii Revised Statutes, is amended to read as follows:

"[[]§712A-18[]] Victim restitution. (1) Nothing [herein] in this chapter precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a violation of a covered offense. [The] Except as provided in subsection (2), the State shall not be compelled to provide funds for victim restitution or reparation under this chapter.

(2) Notwithstanding any law to the contrary, any amount of restitution collected pursuant to this section that is not payable to the victim because the victim cannot be located shall be deposited to the credit of the crime victim compensation fund established in section 351-62.5."

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY:

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