Report Title:

Counties; Fees

 

Description:

Authorizes the counties to impose fees for domestic violence prevention programs upon defendants convicted of domestic violence.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

815

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Fees for crimes of domestic violence.  (a)  A county shall have and may exercise the power to impose a fee of not more than $250 upon every fine, penalty, or forfeiture that may be imposed and collected by the courts for conviction of an offense under section 709-906.  Money collected pursuant to this section shall be used by the county to fund domestic violence prevention programs that focus on assisting immigrants, refugees, or persons who live in a rural community.  A county with an existing domestic violence program that assists those persons may direct funds to those programs.

     (b)  The court shall determine if the defendant has the ability to pay the fee imposed under this section.  In making that determination, the court shall take into account the total amount of fines and restitution that the defendant is subject to and may waive payment of this additional fee.

     (c)  The court shall remit the moneys collected pursuant to this section to the director of finance of the appropriate county."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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