THE SENATE

S.B. NO.

60

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VICTIMS OF CRIMES.

 

 

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

 


SECTION 1. Section 801D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon written request, victims and surviving immediate family members of crime shall have the following rights:

(1) To be informed by the police and the prosecuting attorney of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the defendant or perpetrator is released from custody. The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;

(2) To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;

(3) To receive protection from threats or harm;

(4) To be informed by the police, [victim/witness] victim or witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;

(5) To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;

(6) To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence. If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; [and]

(7) To be informed by the department of public safety of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term[.]; and

(8) To be informed by the police or the prosecuting attorney of their right to participate in restorative justice processes, in the event that the wrongful act that harmed the victim does not result in criminal charges being brought against a person or entity. In such case, the victim, surviving immediate family members, and any accompanying loved ones thereof, shall be allowed to participate in restorative justice processes to discuss and address how they were affected by the wrongful act, and any actions or outcomes desired that may mitigate or repair the harm. Participation in restorative justice processes includes the victim or surviving immediate family members, and any accompanying loved ones thereof, meeting directly with the accused person or entity, if the accused person or entity is identified and is willing to participate, or the victim or surviving immediate family members, or the representative thereof, meeting with a representative of the accused person or entity.

For the purposes of this paragraph, "restorative justice processes" include restorative dialogues, restorative conferences, restorative justice circles, restorative sessions, native Hawaiian reconciliation practices such as hooponopono, or any type of restorative justice group process where victims or immediate surviving family members meet individually or with their loved ones, with a trained restorative justice facilitator. The restorative justice processes shall be scheduled at places and times that are convenient and respectful for the victim or immediate surviving family members."

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

SECTION 3. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Bill of Rights for Victims; Restorative Justice

 

Description:

Affords victims and surviving immediate family members the right to participate in restorative justice processes if no criminal charges are brought against a person or entity for the harm suffered by the victim, upon written request, and requires those parties to be informed of this right by the police or prosecutor. Effective July 1, 2050. (SB60 HD1)

 

 

 

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