CONFERENCE COMMITTEE REP. NO. 53-14

Honolulu, Hawaii

                 , 2014

RE:    S.B. No. 60

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 60, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VICTIMS OF CRIMES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to afford victims and surviving immediate family members the right to participate in restorative justice processes, if no criminal charges are brought against a person or entity, for the harm suffered by the victim.

     Your Committee on Conference finds that research has shown that restorative justice interventions are more effective at reducing repeat crime and recidivism than existing mainstream justice systems.  This measure better incorporates the concept of restorative justice into the justice system by requiring notification to victims of crimes and surviving immediate family members regarding their right to participate in the restorative justice process under the basic bill of rights for victims and witnesses under section 801D-4, Hawaii Revised Statutes.

     Your Committee on Conference has amended this measure by:

     (1)  Deleting language that would have required notification of the right to participate in restorative justice processes only if the wrongful act that harmed the victim does not result in criminal charges being brought against a person or entity;

     (2)  Changing the effective date from July 1, 2050, to upon approval; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 60, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 60, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ MELE CARROLL, Co-Chair	____________________________ CLAYTON HEE, Chair
____________________________ KARL RHOADS, Co-Chair	____________________________ MAILE S.L. SHIMABUKURO, Co-Chair