§706-643 Disposition of funds. (1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.
(2) [Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).] All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State. With respect to fines and bail forfeitures that are proceeds of the wildlife revolving fund under section 183D-10.5; fines that are proceeds of the drug and alcohol toxicology testing laboratory special fund under sections 291E-61(b)(2)(E), 291E-61.5(c)(2)(C), and 291E-62(c); and fines that are proceeds of the compliance resolution fund under sections 26-9(o) and 431:2-410, the director of finance shall transmit the fines and forfeitures to the respective funds. [L 1972, c 9, pt of §1; am L 1986, c 314, §35; am L 1990, c 83, §2; am L 2006, c 230, §21; am L 2009, c 149, §7; am L 2021, c 196, §§7, 11; am L 2023, c 148, §7]
COMMENTARY ON §706-643
This section provides for payment to the clerk of the sentencing court and incorporates previous provisions of law with respect to disposition of collected funds. Out of an abundance of caution, subsection (2) deals with all funds collected in civil as well as penal cases. This broad scope is made necessary by previous provisions of former Title 37 (Criminal Law) dealing with funds collected in civil cases. See H.R.S. §§712-8 and 712-9 as codified prior to this Code.
SUPPLEMENTAL COMMENTARY ON §706-643
Act 83, Session Laws 1990, required the deposit of hunting fines and bail forfeitures to the wildlife revolving fund creating additional funds for wildlife programs. Senate Standing Committee Report No. 2085.
Act 230, Session Laws 2006, amended subsection (1) to require the defendant to pay a fine to the cashier or clerk of the district or circuit court, instead of the clerk of the sentencing court.
Act 149, Session Laws 2009, established an insurance fraud investigations branch to replace the insurance fraud investigations unit, with expanded authority to prevent, investigate, and prosecute insurance fraud to include all lines of insurance except workers' compensation. Act 149 amended subsection (2), requiring the deposit of fines and settlements resulting from insurance fraud prosecutions into the compliance resolution fund to help the insurance fraud investigations branch cover the cost of preventing, investigating, and prosecuting insurance fraud. The legislature found that because insurance fraud occurs in every line of insurance, the State's insurance fraud law should be expanded accordingly. Conference Committee Report No. 26, Senate Standing Committee Report No. 1338.
Act 196, Session Laws 2021, amended this section to clarify that the director of finance shall transmit the fines imposed on offenders convicted of certain offenses involving operation of a vehicle under the influence of an intoxicant to the state drug and alcohol toxicology testing laboratory special fund. The legislature found that driving under the influence of drugs and alcohol continues to be a major safety issue in the State. However, the prosecution of arrested and suspected drivers impaired by drugs and alcohol was costly because blood and urine samples for drug analyses were sent to mainland laboratories for analysis. The legislature further found that in addition to being costly, this process was lengthy and could result in case dismissals. Accordingly, Act 196 established the state drug and alcohol toxicology testing laboratory special fund to sustain a drug and alcohol laboratory in the State. Senate Standing Committee Report No. 1158, House Standing Committee Report No. 750.
Act 148, Session Laws 2023, amended this section to replace references to: (1) "state drug and alcohol toxicology testing laboratory special fund" with "drug and alcohol toxicology testing laboratory special fund" to reflect the expanded scope of the laboratory; and (2) "section 291E-61(b)(2)(C)" with "section 291E-61(b)(2)(E)." Act 148 also extended to June 30, 2028, the sunset date of section 7 of Act 196, Session Laws 2021, which amended this section by requiring the director of finance to transmit fines to the drug and alcohol toxicology testing laboratory special fund. The legislature found that the safety of all roadway users was of paramount importance. The Department of Health did not have enough resources to fulfill the increased need for blood alcohol testing across the State. Additionally, the emergency services department of the city and county of Honolulu processed all alcohol blood level tests for the entire State, including tests for suspected cases of driving under the influence. As such, the legislature noted that establishing a drug and alcohol toxicology testing laboratory would provide law enforcement personnel and adjudicators with the resources necessary to protect the public from impaired drivers. Senate Standing Committee Report No. 1275, Senate Standing Committee Report No. 1887, House Standing Committee Report No. 399.