RELATING TO RESTITUTION.

SB45

THE SENATE

S.B. NO.

45

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to restitution
.

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

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SECTION 1.
�
Chapter 706, Hawaii Revised Statutes, is
amended by adding a new section to part III to be appropriately designated and
to read as follows:

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"
�706-
��

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Victim restitution;
financial support for children of victims of driving under the influence.
�
(1)
�
Notwithstanding any law to the
contrary, if a defendant is convicted of violating section 707-702.5(1)(a) and
a parent or legal guardian of a child was a victim of the violation, the
sentencing court:

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(a)
�
Shall order the defendant to make
restitution in the form of financial support to each surviving child of the
victim who is under eighteen years of age; or

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(b)
�
May order the defendant to make
restitution in the form of financial support to each surviving child of the
victim who is eighteen years of age or older;

provided that the sentencing court shall
determine a monthly amount to be paid for the support of the child until the
child either attains the age of eighteen or graduates from high school,
whichever is later
.

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(2)
�
The court shall determine an amount for
restitution under this section that is reasonable and necessary to support the
child; provided that, in making this determination, the court shall consider
all relevant factors, including the:

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(a)
�
F
inancial needs and resources
of the child;

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(b)
�
Financial needs and resources of the surviving
parent or legal guardian of the child or, if the child welfare services branch
of the social services division department of human services, the State
;

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(c)
�
Standard of living to which the child is
accustomed;

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(d)
�
P
hysical and emotional
condition, and any educational needs, of the child;

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(e)
�
Physical and legal custody
arrangements for the child; and

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(f)
�
The
reasonable work-related childcare
expenses incurred by the su
rviving parent, legal guardian, or,
if applicable, other current guardian
of the child.

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(3)
�
The court shall order that restitution payments
be made to the clerk of the court, who shall act as a trustee and remit the
payments to the child's surviving parent, legal guardian, or, if applicable,
the department of human services.

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(4)
�
If a defendant who is ordered to make
restitution pursuant to this section is incarcerated and unable to make the
required restitution, the defendant shall begin making restitution payments no
later than one year after release from incarceration.
�
The defendant may enter into a payment plan
to address any arrearage that exists on the date of the defendant's
release.
�
The defendant shall pay all
arrearages regardless of whether the restitution payments were scheduled to
terminate while the defendant was incarcerated.

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(5)
�
Any amount of restitution actually recovered
by the victim from the defendant under this section shall be deducted from any amount
that the victim may recover from the defendant in a separate civil judgment
arising from the violation described in subsection (a).
"

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SECTION

2
.
�
Section
706-605, Hawaii Revised Statutes, is amended by amending subsection (7) to read
as follows:

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"(7)
�
The court shall order the defendant to make
restitution for losses as provided in [
section
]
sections
706‑646[
.
]

and 706- .
�
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."

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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.

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

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

INTRODUCED BY:

_____________________________

Report Title:

Negligent
Homicide in the First Degree; Operating a Vehicle Under the Influence; Victim
Restitution; Financial Support; Children

Description:

Provides
for the making of restitution by a defendant who has been convicted of violating
section 707-702.5(1)(a), HRS, where the violation caused the death of a parent
or legal guardian of a child.

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