Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1003, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to amend the law relating to the Crime Victim Compensation 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 the Commission was established to compensate victims of violent crimes or their survivors for unreimbursed expenses related to physical or emotional injury or death. Your Committee finds that, over the past thirty-five years, the Commission has sought to implement improvements to better respond to the compensation needs of victims.

Upon further consideration, your Committee has amended this measure by:

1. Adding a reference in section 1 of the bill to the amendment made by section 8 of the bill. Section 8 amends section 351-69, Hawaii Revised Statutes, to specify that, except for persons already employed by the Commission in civil service positions, persons appointed to the Commission are appointed without regard to the civil service laws, and upon those civil service positions becoming vacant, the positions will be filled by noncivil service appointments. Your Committee has also amended section 351-69 by deleting the word "currently" and adding the words "as of the effective date of this Act", to specify that currently filled positions are those filled on the Act's effective date;
2. Amending section 9 of the bill, and the corresponding reference in section 1 of the bill, to delete the reference to Act 206, Session Laws of Hawaii 1998, and replacing it with the more appropriate reference to section 351-62.6, Hawaii Revised Statutes. Your Committee has further amended section 9 by specifying that annual reports are to be transmitted before the convening of each regular session of the Legislature, to make it clear that reports are not required before special sessions;
3. Amending section 10 of the bill by changing the new language added to section 523A-3.5, Hawaii Revised Statutes, to make necessary changes, including inserting appropriate statutory cross-references with respect to "the victim" and "restitution moneys", since these terms are not already defined or otherwise referred to in section 523A-3.5; and
4. Making technical nonsubstantive changes for the purposes of clarity and consistency.

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 H.B. No. 1003, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1003, H.D. 1, S.D. 2.