HB2201

Report Title:

Tort Action

Description:

A bill requiring plaintiffs who are awarded money from tort claims arising out of criminal act or arrest to make restitution to victim or criminal injury compensation fund.

HOUSE OF REPRESENTATIVES	H.B. NO.	2201
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to criminal injuries compensation fund.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§ 663-____Awards to criminals; restitution to victims or criminal injuries compensation fund. (a) Not withstanding any other law to the contrary, in any legal action or settlement involving a plaintiff who is awarded monetary damages from a tort action or civil rights violation, where such claim arises from the plaintiff's criminal act, investigation, or arrest, the award shall be payable to the plaintiff's victim, or if none, to the criminal injuries compensation fund as established by Chapter 351 of the Hawaii Revised Statutes.

(b) For the purposes of this section, the term "victim" means the victim or victims of the plaintiff's criminal offense or their representative and "monetary damages" means any type of payment awarded to the plaintiff by judge or jury, including but not limited to, compensatory and punitive damages, or any settlement agreement."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________