Hawaii Revised Statutes 351. Crime Victim Compensation

PART I. INTRODUCTORY

  • 351-1 Purpose.
    The purpose of this chapter is to aid victims of criminal acts, by providing compensation for victims of certain crimes or dependents of deceased...
  • 351-2 Definitions.
    As used in this chapter, unless the context otherwise requires: "Child" means an unmarried person who is under eighteen years of age and includes...

PART II. ESTABLISHMENT OF COMMISSION

  • 351-11 Crime Victim Compensation Commission.
    There shall be a crime victim compensation commission composed of three members appointed and removable in the manner prescribed by section 26-34. No officer...
  • 351-12 Tenure and Compensation of Members.
    (a) The term of office of each member of the commission shall be four years or until the member's successor is appointed, except that...
  • 351-13 Powers and Procedures of Commission.
    (a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix...
  • 351-14 Hearings and Evidence.
    For those applications that will be heard by the commission, the applicant and the commission's legal adviser shall be entitled to appear and be...
  • 351-15 Medical Examination.
    The commission may appoint an impartial licensed physician or licensed psychologist to examine any person making application under this chapter, and the fees for...
  • 351-16 Attorneys' Fees.
    The commission, as part of any order entered under this chapter, may determine and allow reasonable attorneys' fees, which if the award of compensation...
  • 351-17 Reconsideration by Commission; Judicial Review.
    (a) In the absence of an appeal to the commission, the commission, at any time, on its own motion, may reconsider the order or...

PART III. COMPENSATION TO VICTIMS OR DEPENDENTS

  • 351-31 Eligibility for Compensation.
    (a) In the event any private citizen is injured or killed by any act or omission of any other person coming within the criminal...
  • 351-32 Violent Crimes.
    The crimes to which part III of this chapter applies are the following and no other: (1) Murder in the first degree (section 707-701);...
  • 351-33 Award of Compensation.
    The commission may order the payment of compensation under this part for: (1) Expenses actually and reasonably incurred during the period of the injury...
  • 351-34 Repealed.
    L 1989, c 177, §11.
  • 351-35 Recovery From Offender.
    Whenever any person is convicted of an offense that includes any crime enumerated in section 351-32 and an order or the payment of compensation...

PART IV. COMPENSATION TO PRIVATE CITIZENS

  • 351-51 Eligibility for Compensation.
    In the event a private citizen incurs injury or property damage in preventing the commission of a crime within the State, in apprehending a...
  • 351-52 Award of Compensation.
    The commission may order the payment of compensation under this part for: (1) Expenses actually and reasonably incurred during the period of the injury...

PART V. GENERAL PROVISIONS

  • 351-61 Terms of Order.
    Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as...
  • 351-62 Limitations Upon Award of Compensation.
    (a) No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after...
  • 351-62.5 Crime Victim Compensation Special Fund; When Payments Authorized.
    (a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund...
  • 351-62.6 Compensation Fee.
    (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...
  • 351-63 Recovery From Collateral Source.
    (a) In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be...
  • 351-64 No Double Recovery.
    Application may be made by any eligible person for compensation under both parts III and IV of this chapter, but no order shall have...
  • 351-64.5 Recovery of Compensation Paid.
    (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for...
  • 351-65 Legal Adviser.
    The attorney general shall serve as legal adviser to the commission. [L 1967, c 226, pt of §1; HRS §351-65; am L 1998, c...
  • 351-66 Exemption From Execution.
    No compensation payable under this chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be...
  • 351-67 Survival and Abatement.
    The rights to compensation created by this chapter are personal and shall not survive the death of the person or beneficiary entitled thereto, provided...
  • 351-68 Rulemaking Powers.
    In the performance of its functions, the commission may adopt, amend, and repeal rules and regulations, not inconsistent with this chapter, prescribing the procedures...
  • 351-69 Commission Staff.
    (a) Supervisory, administrative, and clerical personnel necessary for the efficient functioning of the commission shall be appointed as provided in section 26-35 without regard...
  • 351-70 Annual Report.
    The commission shall transmit annually to the governor and to the director of public safety, at least thirty days prior to the convening of...

PART VI. LIMITING COMMERCIAL EXPLOITATION OF CRIME

Note

Chapter heading amended by L 1998, c 240, 2.

Case Notes

Trial court was not authorized, under 706-605, to order defendant to pay restitution to the Honolulu police department for its drug "buy money" expenses where (1) it was unlikely that ordering defendant to pay restitution would aid defendant in developing a degree of self-respect and pride in knowing that defendant has righted the wrong committed; and (2) department did not qualify as a "crime victim" under this chapter and defendant's offenses did not qualify as a "violent crime" under 351-32. 93 H. 34 (App.), 995 P.2d 335 (2000).

Last modified: October 27, 2016