Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1392 entitled:

begs leave to report as follows:

The purpose of this measure is to provide that all moneys received by committed persons from judgment or settlement are subject to attachment by the Director of Public Safety to secure payment of crime victim compensation fees as ordered by the court.

Testimony in support of this measure was received from the Department of Public Safety and Crime Victim Compensation Commission (Commission).

This measure addresses the situation wherein an inmate realizes an award of money pursuant to a judgment or settlement, and at the same time owes money to the crime victim compensation special fund. Existing law enables the Department of Public Safety to garnish a "windfall" realized by a committed person, but not moneys received from a judgment or settlement. This measure closes the statutory deficiency and is in the interest of fairness and propriety. More importantly, this measure would increase revenue for the Commission.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1392 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.