STAND. COM. REP. NO.  1025

Honolulu, Hawaii

                , 2015

RE:   S.B. No. 230

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 230 entitled:

"A BILL FOR AN ACT RELATING TO RESTITUTION FOR VICTIMS OF CRIME,"

begs leave to report as follows:

The purpose of this measure is to specify that crime victims may receive restitution for their losses from lost earnings and medical expenses for mental health treatment, counseling, and therapy that are a consequence of the defendant's crime.

This measure is intended to address the Intermediate Court of Appeals holding that section 706-646, Hawaii Revised Statutes, does not expressly authorize restitution to the victim for these losses.  The defendant would pay restitution even while incarcerated.

The Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Kauai, Department of the Prosecuting Attorney of the County of Maui, Crime Victim Compensation Commission, The Sex Abuse Treatment Center, and a concerned individual testified in support of this measure.  The Office of the Public Defender testified in opposition.  The Department of Public Safety provided comments.

     Your Committee has amended this measure by changing the effective date to March 15, 2038, to encourage further discussion.

     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 S.B. No. 230, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 230, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

KARL RHOADS, Chair