SB 384: RELATING TO VICTIM RESTITUTION.

A BILL FOR AN ACT

RELATING TO VICTIM RESTITUTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that individuals who selfishly elect to drive under the influence often inflict serious dismemberment or death upon others.  The legislature further finds that oftentimes the child or children of these victims are left without the financial support of their parents, guardians, or remaining family members, and as such, the financial responsibility of the deceased victim's child or children falls upon other living members of the family or society as a whole.  As if the death of a family member is not tragic enough, the unexpected financial responsibility for raising the victim's child or children until the age of majority may be overwhelming for some.

     The legislature further finds that the current punishments for perpetrators who are apprehended after having caused a motor vehicle accident that results in the death of another and who are found to have been operating the motor vehicle while under the influence of drugs or alcohol, do not address the issue of the care needed for the victim's child or children.

     Accordingly, the purpose of this Act is to hold those who drive while under the influence of drugs or alcohol, and cause the death of another person as a result, financially responsible for the support of the victim's children until the age of majority, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school.

     SECTION 2.  Section 706-646, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order.  The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.  The court shall specify the time and manner in which restitution is to be paid[.], and where feasible, shall require restitution under paragraph (e) to be paid before losses are incurred.  While the defendant is in the custody of the department of corrections and rehabilitation, restitution shall be collected pursuant to chapter 353 and any court-ordered payment schedule shall be suspended[.], except to the extent the court determines the defendant is financially able to pay restitution under paragraph (e).  Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:

     (a)  Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;

     (b)  Medical expenses, which shall include mental health treatment, counseling, and therapy;

     (c)  Funeral and burial expenses; [and]

     (d)  Lost earnings, which shall include paid leave[.]; and

     (e)  If the defendant is convicted of negligent homicide in the first degree under section 707-702.5(1)(a), support to raise the decedent's surviving minor children until each child reaches the age of eighteen, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school, in an amount to be determined by the court and to be paid to the person responsible for raising the children."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Victim Restitution; Negligent Homicide in the First Degree

Description:

Requires, when a defendant is convicted of negligent homicide in the first degree for causing the death of another while driving under the influence of drugs or alcohol, that victim restitution shall include financial support to raise the decedent's surviving minor children until each child reaches the age of eighteen, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school, in an amount to be determined by the court and to be paid to the person responsible for raising the children.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO VICTIM RESTITUTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that individuals who selfishly elect to drive under the influence often inflict serious dismemberment or death upon others.  The legislature further finds that oftentimes the child or children of these victims are left without the financial support of their parents, guardians, or remaining family members, and as such, the financial responsibility of the deceased victim's child or children falls upon other living members of the family or society as a whole.  As if the death of a family member is not tragic enough, the unexpected financial responsibility for raising the victim's child or children until the age of majority may be overwhelming for some.

     The legislature further finds that the current punishments for perpetrators who are apprehended after having caused a motor vehicle accident that results in the death of another and who are found to have been operating the motor vehicle while under the influence of drugs or alcohol, do not address the issue of the care needed for the victim's child or children.

     Accordingly, the purpose of this Act is to hold those who drive while under the influence of drugs or alcohol, and cause the death of another person as a result, financially responsible for the support of the victim's children until the age of majority, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school.

     SECTION 2.  Section 706-646, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order.  The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.  The court shall specify the time and manner in which restitution is to be paid[.], and where feasible, shall require restitution under paragraph (e) to be paid before losses are incurred.  While the defendant is in the custody of the department of corrections and rehabilitation, restitution shall be collected pursuant to chapter 353 and any court-ordered payment schedule shall be suspended[.], except to the extent the court determines the defendant is financially able to pay restitution under paragraph (e).  Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:

     (a)  Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;

     (b)  Medical expenses, which shall include mental health treatment, counseling, and therapy;

     (c)  Funeral and burial expenses; [and]

     (d)  Lost earnings, which shall include paid leave[.]; and

     (e)  If the defendant is convicted of negligent homicide in the first degree under section 707-702.5(1)(a), support to raise the decedent's surviving minor children until each child reaches the age of eighteen, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school, in an amount to be determined by the court and to be paid to the person responsible for raising the children."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Victim Restitution; Negligent Homicide in the First Degree

Description:

Requires, when a defendant is convicted of negligent homicide in the first degree for causing the death of another while driving under the influence of drugs or alcohol, that victim restitution shall include financial support to raise the decedent's surviving minor children until each child reaches the age of eighteen, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school, in an amount to be determined by the court and to be paid to the person responsible for raising the children.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 245

Honolulu, Hawaii

RE:    S.B. No. 384

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 384 entitled:

"A BILL FOR AN ACT RELATING TO VICTIM RESTITUTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to hold those who drive while under the influence of drugs or alcohol, and cause the death of another person as a result, financially responsible for the support of the victim's children until the age of majority, or until the age of twenty-three for any child who enrolls full-time in a college, university, vocational school, or trade school.

     Your Committee received testimony in support of this measure from the Department of Transportation, Mothers Against Drunk Driving Hawaii, and Keiki Injury Prevention Coalition.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that, according to the National Highway Traffic Safety Administration, in 2022 the State experienced thirty-seven alcohol-impaired driving fatalities.  Additionally, 2023 preliminary state data shows that forty-nine of the one hundred seventeen drivers involved in a fatal crash, or forty-two percent, tested positive for alcohol or drugs.  This measure will serve as a deterrent to impaired drivers while addressing the financial pain experienced by families that have lost a loved one due to the bad choices of an impaired driver.

     Your Committee notes the testimony of the Office of the Public Defender raising concerns regarding this measure serving as a deterrent for defendants accepting plea agreements and the potential burden imposed on defense counsel to meaningfully advise defendants about the implications of restitution.  Should your Committee on the Judiciary choose to deliberate on this measure, your Committee respectfully requests that it consider these concerns.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 384, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 384, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,