STAND. COM. REP. NO. 333-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2805
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2805 entitled:
"A BILL FOR AN ACT RELATING TO THE CRIME VICTIM COMPENSATION FEE,"
begs leave to report as follows:
The purpose of this measure is to clarify procedures and conditions relating to waiving the crime victim compensation fee normally imposed on convicted criminal defendants.
Specifically, the bill:
(1) Requires a court to make written findings that state the specific facts justifying a waiver of the crime victim compensation fee when a defendant is not able to pay;
(2) Provides that a defendant's past, present, or future incarceration is not a sufficient basis for a waiver; and
(3) Establishes the order of priority for payment of court ordered fees, including the crime victim compensation fee.
Testimony in support of the measure was submitted by the City and County of Honolulu Department of the Prosecuting Attorney, the County of Kauai Office of the Prosecuting Attorney, and the Crime Victim Compensation Commission. The Judiciary submitted comments, but took no position on the bill.
Your Committee finds that the current law provides only that a court shall waive the imposition of the compensation fee if the defendant is unable to pay. This measure clarifies the requirements that justify such a waiver and will assist in fulfilling the law's original intent: providing modest monetary compensation to crime victims.
As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2805 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
____________________________ KEN ITO, Chair |
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