STAND. COM. REP. NO. 2481

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2533
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B.
No. 2533 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIME VICTIM COMPENSATION,"

begs leave to report as follows:

     The purpose of this bill is to require payment of a
compensation fee for deposit into the crime victim compensation
special fund, as a condition of a deferred acceptance of a guilty
plea or a nolo contendere plea under section 853-1, Hawaii
Revised Statutes.

     Your Committee finds that, unlike defendants convicted of a
crime, defendants who enter pleas pursuant to section 853-1
presently are not required to pay into the crime victim
compensation special fund.  Your Committee notes that payments
are made from the crime victim compensation special fund to or on
behalf of a victim or one or more dependents of a deceased victim
to compensate for pecuniary loss or incurred expenses due to the
victim's injury or death, pain and suffering, loss of earning
power, and property damage.

     Your Committee also finds that, as a result of a deferred
plea under section 853-1, assuming the defendant meets all the
conditions and terms, the charges are dismissed without
adjudication of guilt and the defendant is discharged and may
apply for expungement.  Accordingly, your Committee believes that
such defendants already are receiving a substantial benefit, and

 
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                                   STAND. COM. REP. NO. 2481
                                   Page 2


therefore, they should not, in addition, be excluded from the
requirement to making payments that are intended to compensate
victims of crime.  Finally, your Committee notes that the amount
of compensation fee charged such defendants will be relatively
minor and exceptions already are provided under the law for
persons who the court finds are unable to pay.

     Your Committee has amended the bill to delete the phrase
"conviction of" where it appears in section 351-62.6(a)(1)-(3) as
this is contrary to the intent of the bill.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2533, as amended herein, and recommends that it pass Third
Reading in the form attached hereto as S.B. No. 2533, S.D. 1.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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