STAND. COM. REP. 534

Honolulu, Hawaii

, 2003

RE: H.B. No. 1003

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1003 entitled:

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

begs leave to report as follows:

The purpose of the bill is to:

(1) Exempt government records of the Crime Victim Compensation Commission (Commission) from the Uniform Information Practices Act;

(2) Allow funds from nonpayable restitution to be used for crime victim compensation, rather than escheating to the State;

(3) Allow the Commission to transfer compensation awards to minors under the Uniform Transfers to Minors Act;

(4) Authorize the Commission to expand coverage for mental health services;

(5) Rename the "pain and suffering" award to "acknowledgment award" to more clearly reflect the purpose of the award; and

(6) Require the Judiciary to transmit an annual report to the Governor and the Director of the Department of Public Safety regarding the progress in meeting the requirements of Act 206, Session Laws 1998.

Your Committee received testimony in support of the measure from the Commission and the Department of the Prosecuting Attorney for the City and County of Honolulu. The Office of Information Practices expressed concerns. The Judiciary provided comments.

Your Committee finds that this measure will help the Commission better serve the intended recipients of benefits.

Your Committee has amended this bill by:

(1) Deleting references to nondisclosure of Commission records under the Uniform Information Practices Act;

(2) Adding a new subsection to section 523A-3.5, Hawaii Revised Statutes, to prevent escheating;

(3) Deleting the amendments made to the section requiring that the Commission report to the Governor and the Director of the Department of Public Safety;

(4) Adding a severability clause; and

(5) Making technical, nonsubstantive changes for style and clarity.

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. 1003, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1003, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

ERIC G. HAMAKAWA, Chair