STAND. COM. REP. NO. 3032

 

Honolulu, Hawaii

 

RE: H.B. No. 1774

H.D. 1

S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

Your Committee on Judiciary, to which was referred H.B. No. 1774, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS,"

 

begs leave to report as follows:

 

The purpose and intent of this measure is to:

 

(1) Establish standards and procedures for withholding income by employers of persons subject to restitution orders to ensure restitution payments are made; and

 

(2) Appropriate monies to the Department of the Attorney General to enhance restitution payment collection.

 

Your Committee received testimony in support of this measure from the Crime Victim Compensation Commission, Department of the Prosecuting Attorney of the City and County of Honolulu, Sex Abuse Treatment Center, and Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and Community Alliance on Prisons. Your Committee received comments on this measure from the Department of the Attorney General.

 

Your Committee finds that restitution orders are intended to provide a way for victims of crimes who suffer substantial financial losses as a result of crimes committed against them to recover some of their losses such as the value of stolen or damaged property, lost wages, medical expenses, and funeral and burial expenses. Although restitution orders are issued in many criminal cases, they are not strictly enforced and victims are often forced to file civil lawsuits against offenders in an attempt to enforce an order. This measure will establish standards and procedures for withholding income of offenders in order to ensure consistent enforcement of restitution orders and facilitate payment to victims.

 

Your Committee has amended this measure by:

 

(1) Requiring the Department of the Attorney General to disburse withheld restitution payments to a victim within thirty days of receiving the monies from an employer instead of five business days;

 

(2) Inserting an effective date of July 1, 2035, to encourage further discussion; and

 

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1774, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1774, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

BRIAN T. TANIGUCHI, Chair