Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 278 entitled:

begs leave to report as follows:

The purpose of this bill is to assist victims of crime by:

The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney for the City and County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, Office of the Prosecuting Attorney of the County of Kauai, Crime Victim Compensation Commission, Hawaii Patrolling Authority, Mothers Against Drunk Driving-Hawaii Chapter, Hawaii State Coalition Against Domestic Violence, and The Sex Abuse Treatment Center testified in support of this bill. A concerned individual opposed the measure. The Judiciary Office of the Public Defender, and Community Alliance on Prisons submitted comments.

Your Committee finds that a defendant's current financial ability to pay restitution payments should not factor into a decision to order restitution for victim losses due to the unforeseen future potential earning capacity of a defendant that could allow for full or partial restitution payment.

Your Committee has amended this bill by:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 278, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 278, H.D. 1, and be referred to the Committee on Finance.