Report Title:
Victims of Crime; Crime Victim Compensation Fee
Description:
Imposes a $10 increase in compensation fees that a criminal defendant may be ordered to pay when sentenced. Prioritizes the order in which defendant's court-ordered payments shall be made. (SD1)
THE SENATE |
S.B. NO. |
1328 |
TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
|
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
relating to the crime victim compensation fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 351-62.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:
(1) Not less than [$100] $110 nor more than [$500] $510 for a felony;
(2) [$50] $60 for a misdemeanor; and
(3) [$25] $35 for a petty misdemeanor.
The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5."
SECTION 2. Section 706-605, Hawaii Revised Statutes, is amended by amending subsection (6) to read as follows:
"(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a compensation fee if it finds that the defendant is unable to pay the compensation fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the following order of priority:
(a) Restitution;
(b) Crime victim compensation fee;
(c) Probation services fee;
(d) Other fees; and
(e) Fines."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall apply to any defendant who is convicted or who enters a plea under section 853-1, Hawaii Revised Statutes, after the effective date of this Act.
SECTION 5. This Act shall take effect upon its approval.