HB709 HD1 HSCR406

STAND. COM. REP. NO.406

Honolulu, Hawaii

, 2001

RE: H.B. No. 709

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Public Safety and Military Affairs, to which was referred H.B. No. 709 entitled:

"A BILL FOR AN ACT MAKING APPROPRIATIONS FOR COMPENSATION OF CRIME VICTIMS,"

beg leave to report as follows:

The purpose of this bill is to appropriate $450,000, for fiscal year 2001-2002, to compensate:

(1) Private citizens who are injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State after June 6, 1967;

(2) State residents who are injured or killed by an act or omission resulting from a "violent crime" committed after July 1, 1989, in another state; and

(3) State residents who are injured or killed by an act of terrorism occurring outside the United States.

Supportive testimony was submitted by the Crime Victim Compensation Commission (Commission), and the Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that victims typically receive an award when they have no other recourse. Restitution from the offender, while theoretically available, is usually a hollow promise of recompense. Unfortunately, a very small percentage of convicted offenders ever pay full restitution.

In addition, the federal funding that is annually allocated to the Commission through the Victims of Crime Act is based on the State's appropriation. Thus, anything less than full funding of the Commission's appropriation of $450,000 could possibly result in a similar reduction in federal funds.

After careful consideration, your Committee wishes to determine whether the Commission and the Judiciary are maximizing the receipt of compensation fees in accordance with Section 351-62.5, Hawaii Revised Statutes. As such, your Committee has amended this bill to require the Commission to report:

(1) The maximum amount of compensation fees that could have been collected during fiscal year 2000-2001;

(2) The total amount deposited by the courts for fiscal year 2000-2001; and

(3) An analysis of any discrepancies between these amounts, including recommendations on ways of maximizing the amount of fees deposited into the Fund.

The appropriation amount was also revised to $1 to allow the Committee on Finance to opportunity to determine the actual appropriation needed for the purpose of this bill.

Lastly, technical, nonsubstantive amendments were made for purposes of clarity, style, and conformity.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 709, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 709, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Public Safety and Military Affairs,

____________________________ NESTOR GARCIA, Chair		____________________________ ERIC G. HAMAKAWA, Chair