Report Title:

Crime Stopper Organizations; Repayment

 

Description:

Allows the court to order the defendant to repay all or part of any reward paid by a crime stoppers organization; refers confidentiality issue to Hawaii Supreme Court's Standing Committee on Rules of Evidence and to report to 2003 Session. (SD2)

THE SENATE

S.B. NO.

2990

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to crime stopperS organizations.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

CRIME STOPPERS ORGANIZATIONS

§   -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Crime stoppers organization" means a private, nonprofit organization or a public agency, or a program operated by either, that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.

§   -2 Repayment of rewards paid by crime stoppers organizations; disbursement of moneys collected. (a) After a defendant has been convicted of a criminal offense, and subject to the requirements of this section, the court may order the defendant to repay all or part of any reward paid by a crime stoppers organization. In determining whether the defendant must repay the reward or part of the reward, the court shall consider:

(1) The ability of the defendant to make the payments, including any financial hardship that payment may cause to the defendant's dependents; and

(2) Whether the information that was reported to the crime stoppers organization substantially contributed to the defendant being charged with the offense. To the extent allowed by law, the court shall respect the confidentiality of the records of the crime stoppers organization.

(b) Prior to the authorization of payments to a crime stoppers organization under this section, the attorney general shall approve the crime stoppers organization to receive repayment of rewards. The attorney general shall consider the organization, continuity, leadership, community support, and general conduct of the program to determine whether the repayments will be spent to further the crime prevention purposes of the program. The attorney general shall also determine that the crime stoppers organization provides rewards to persons who report information concerning criminal activity and whether that information substantially leads to defendants being charged with felonies.

(c) If the court determines that a defendant is capable of repaying all or any part of a reward paid by a crime stoppers organization, the judgment shall include a statement of the amount owed, the identity of the crime stoppers organization, and a schedule, if any, of payments to be made by the defendant. The clerk of court may establish an account within which to deposit repayments of rewards and at least quarterly shall pay over to each crime stoppers organization the sums that have been collected for the benefit of that program.

(d) A judgment that includes repayment of reward to a crime stoppers organization may be docketed and thereafter constitutes a lien upon the real estate of the defendant, in the same manner as a judgment for money rendered in a civil action."

SECTION 2. The Hawaii Supreme Court's Standing Committee on the Rules of Evidence is requested to review S.B. No. 2990, S.D. 1, Regular Session of 2002, to determine if the confidentiality and privileged communications provisions should be enacted into statute, and if so, in what form. The Standing Committee is requested to report its findings and recommendations to the legislature no later than twenty days before the convening of the regular session of 2003.

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. This Act shall take effect upon its approval.