STAND

STAND. COM. REP. 3199

Honolulu, Hawaii

, 2004

RE: H.B. No. 2320

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2320, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VICTIM RESTITUTION,"

begs leave to report as follows:

The purpose of this measure is to remove judicial discretion to mandate that defendants make restitution to victims and provide that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule.

Testimony in support of this measure was submitted by the State Crime Victim Compensation Commission (Commission), Department of the Prosecuting Attorney for the City and County of Honolulu (Honolulu Prosecuting Attorney), Department of the Prosecuting Attorney for the County of Maui, Hawaii County Office of the Prosecuting Attorney, Office of the Prosecuting Attorney for the County of Kauai, Mothers Against Drunk Driving, and the Sex Abuse Treatment Center. Testimony in opposition to this measure was submitted by the Office of the Public Defender. Comments were submitted by the Judiciary.

Your Committee finds that restitution is not a new sentencing option. Requiring that criminal offenders pay restitution to victims for the harm caused represents traditional concepts of justice. Your Committee further finds that in recent years, the criminal justice system has shifted the focus from restoring victims to punishing the criminal offender. Crimes previously committed against individuals are now considered crimes committed against the State. Your Committee believes that restoring a victim is as important as punishing a criminal offender, and this measure reestablishes the importance of restitution.

Your Committee adopted the amendments suggested by the Honolulu Prosecuting Attorney by:

(1) Requiring that courts shall order restitution to be paid to the Commission if the victim is awarded criminal injuries compensation;

(2) Clarifying that payment of restitution and a compensation fee have priority over the payment of a fine, and payment of restitution has priority over payment of a compensation fee; and

(3) Amending section 706-624, Hawaii Revised Statutes, to require making restitution an explicit condition of a sentence of probation.

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 H.B. No. 2320, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2320, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair