CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. 32

Honolulu, Hawaii

, 2003

RE: H.B. No. 1003

H.D. 1

S.D. 2

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1003, H.D. 1, S.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to amend the law relating to the Crime Victim Compensation Commission (Commission).

In particular, this measure:

(1) Provides that restitution amounts collected by the Judiciary on behalf of the Commission for a victim who cannot be located are to be deposited to the credit of the Crime Victim Compensation Fund following public notification;

(2) Allows the Commission to transfer a minor's compensation award to an appropriate state agency, adult, or trust company as custodian for the benefit of the minor under the Uniform Transfers to Minors Act;

(3) Gives the Commission the authority to pay for mental health counseling services for surviving relatives in cases involving a death or sexual assault and for child witnesses or witnesses who are sixty years of age or older in cases involving domestic abuse and other violent crimes;

(4) Amends the law relating to awards of compensation made by the Commission by repealing "pain and suffering" awards and instead awarding "acknowledgment of harm" moneys;

(5) Requires that the Judiciary provide an annual report to the Legislature detailing their compliance with Act 206, Session Laws of Hawaii 1998, which provides for the mandatory assessment of a compensation fee, the proceeds of which are used to fund the Commission; and

(6) Amends the definition of "victim" to include a child or a person who is sixty years of age or older who is a witness to a crime enumerated in section 351-32, Hawaii Revised Statutes, and is in need of mental health counseling services.

Your Committee finds that this measure will help the Commission

better serve the intended recipients of benefits.

Your Committee amended the bill by:

(1) Deleting the requirement that the judiciary provide a report and inserting the requirement that the judiciary provide information to the Commission in furtherance of the Commission's requirement to provide a report;

(2) Requiring the Commission to continue to make annual reports;

(3) Requiring that compensation for mental health services may only be provided if the services are needed based on a death, sexual assault or to the trauma of witnessing the crime;

(4) Making technical and nonsubstantive changes for style and clarity.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1003, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1003, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ COLLEEN HANABUSA, Chair		____________________________ ERIC G. HAMAKAWA, Co-Chair
____________________________ RUSSELL KOKUBUN, Co-Chair		____________________________ DWIGHT Y. TAKAMINE, Co-Chair