HB2201 HD1

Report Title:

Tort Action

Description:

Requires plaintiffs who are awarded money from tort claims arising out of criminal act or arrest to make restitution to victim or crime victim compensation special fund. (HB2201 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2201
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
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 crime victim compensation special fund. (a) Notwithstanding 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 the claim arises from the plaintiff's criminal act, investigation, or arrest, the award shall be paid to the plaintiff's victim, or if none, to the crime victim compensation special fund as established by chapter 351.

(b) For the purposes of this section:

"Victim" means the victim or victims of the plaintiff's criminal offense or their representative.

"Monetary damages" means any type of payment awarded to the plaintiff by judge or jury, including 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.