STAND. COM. REP. NO. 646

Honolulu, Hawaii

RE:    S.B. No. 509

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 509 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO RIGHTS OF CRIME VICTIMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to propose a constitutional amendment to guarantee crime victims and their immediate surviving family members specific rights related to the information pertaining to and participation in the criminal justice process.

     Your Committee received testimony in support of this measure from the Department of Public Safety; Crime Victim Compensation Commission; Hawaii State Commission on the Status of Women; Office of the Prosecuting Attorney, County of Kaua‘i; Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Hawaii; Mothers Against Drunk Driving Hawaii; Sex Abuse Treatment Center; Domestic Violence Action Center; and three individuals.  Testimony in opposition to this measure was submitted by the Department of the Attorney General.

     Your Committee finds that existing laws improve the status of crime victims by enabling crime victims to receive restitution, requiring that crime victim statements are included in presentence reports, allowing crime victims to speak prior to sentencing, and setting forth the basic crime victim rights.  However, the Crime Victim Compensation Commission testified that a constitutional amendment is necessary because these laws intended to assist crime victims frequently fail to provide meaningful protection when they conflict with the rights of the accused.  The basic bill of rights for crime victims and witnesses under section 801D-4, Hawaii Revised Statutes, does not establish permanent, enforceable rights for crime victims.  This measure proposes a constitutional amendment to guarantee crime victims and their immediate surviving family members specific rights related to information pertaining to and participation in the criminal justice process.

     Despite the concerns raised by the Department of the Attorney General, your Committee notes that a crime victim's bill of rights seeks to create a balance in which the defendant's rights are protected and the crime victim is ensured meaningful participation in the criminal system.  The Crime Victim Compensation Commission clarified that this proposed constitutional amendment in no way diminishes a criminal defendant's constitutional rights or interferes with the prosecution of a criminal case.  Instead, this measure guarantees victims the opportunity to be heard, remain informed, receive restitution, and have their property returned.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 509 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair