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 S.B. No. 618, 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 (Commission).

In particular, this measure:

1. Provides that restitution collected by the Judiciary on behalf of the Commission for a victim who cannot be located is to be deposited to the credit of the crime victim compensation fund;
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 services for surviving relatives, in cases involving a death or sexual assault; and child witnesses or witnesses who are sixty years of age or older, in cases involving domestic abuse and other violent crimes;
4. Allows the Commission to retain private counsel to pursue repayment of crime victim compensation special funds when a victim to whom compensation was paid subsequently receives moneys from related civil law suits, court ordered restitution, or insurance proceeds;
5. Amends the law relating to awards of compensation made by the Commission for "pain and suffering" to victims and private persons, to be made instead as "acknowledgment awards" to those persons; and
6. Requires the Judiciary to provide an annual report to the Legislature detailing the progress in meeting the requirements of 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.

Your Committee finds that the Commission was created to reimburse expenses of victims who suffer physical or emotional injury or death as a result of a violent crime. Your Committee finds that this measure will help the Commission to better compensate and protect victims and will improve the administration of crime victim compensation special funds.

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

1. Amending the definition of "victim" in section 351-2 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 and is in need of mental health services;
2. Amending section 1 of the bill to reflect this change; and
3. Making technical, nonsubstantive amendments.

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 S.B. No. 618, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 618, S.D. 2.