Chapter 351 — Chapter 351

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 victims, and for indemnification of private citizens for personal injury or property damage suffe…

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 or employee of the State or any county …

§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 any member appointed to fill a vacancy occurring prior to the expiration of the term for which the mem…

§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 a time and place for a hearing on the application and shall cause notice t…

§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 heard. Any other person may appear and be heard who satisfies the commission that the person has a subst…

§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 the examination shall be paid from funds appropriated for expenses of administration. [L …

§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 is more than $1,000 shall not exceed $150, to be paid out of but not in addition to the award, to the a…

§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 decision and revoke, confirm, or vary the order or decision, based upon the findings of the commi…

§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 a stepchild or an adopted child. "Commission" means the crime victim compensation commission established by this c…

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 jurisdiction of the State after June 6, 1967, or any state residen…

§351-32 Violent crimes. The crimes to which part III of this chapter applies are the following and no other:

§351-33 Award of compensation. The commission may order the payment of compensation under this part for:

§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 is or has been made under this part for injury or death resulting from the act or omission constituting …

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 person who has committed a crime within the State, or in mat…

§351-52 Award of compensation. The commission may order the payment of compensation under this part for:

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 the commission deems appropriate. Without limiting the generality of the preceding sentence, …

§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 the date of injury, death, or property damage; provided that upon a showing of good caus…

§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 shall be administered by the director of corrections a…

§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 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate wit…

§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 received from any source, whether from the offender or from any person on behalf of the offen…

§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 the effect of compensating any person more than once for any loss, expense, or other matter compensable under this chap…

§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 240, §5]

§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 assignable or subject to execution, garnishment, attachment, or other process what…

§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 that if such death occurs after an application for compensation has been filed with the commissi…

§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 to be followed in the filing of applications and the proceedings under this chapter an…

§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 to chapter 76, but subject to chapter 89, and provided that: (b) An executive…

§351-70 Annual report. The commission shall transmit annually to the governor and to the director of corrections and rehabilitation, at least thirty days prior to the convening of the legislature a report of its activities under this chapter including a brief description of the f…

PART VI. LIMITING COMMERCIAL EXPLOITATION OF CRIME §351-81 Deposit of copy of contract upon indictment or charge of criminal offense. Every person, firm, corporation, partnership, association, or other legal entity upon entering into a contract with any person indicted or charged…

§351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission. If the person indicted or charged is subsequently convicted, the person, firm, corporation, partnership, association, or other legal entity which entered into a contract of the type …

§351-83 Collection account, creation, disbursements. Monetary compensation received by the commission pursuant to section 351-82(1) shall be deposited into a collection account established by the commission. The moneys deposited into the collection account including interest earn…

§351-84 Special account, creation, disbursements. (a) Monetary compensation received by the commission pursuant to section 351-82(2) shall be deposited into a special account established by the commission. The moneys deposited into the special account including interest earned sh…

§351-85 Collection, special accounts to be interest bearing. All moneys deposited into the collection account or special account under this part shall be deposited into federally-insured interest-bearing accounts. [L 1986, c 155, pt of §1]

§351-86 Money deposited not subject to execution, levy, attachment, or lien. All moneys received by the commission pursuant to this part shall not be subject to execution, levy, attachment, or lien of any kind. [L 1986, c 155, pt of §1]

§351-87 Lien in favor of State. The failure of any person, firm, corporation, partnership, association, or legal entity to pay moneys over to the commission in accordance with this part shall create a debt owing to the commission from that person, firm, corporation, partnership, …