§351-31 - Eligibility for compensation. - Hawaii Statutes

PART III.  COMPENSATION TO VICTIMS OR DEPENDENTS

 

     §351-31  Eligibility for compensation.  (a)  In the event any private citizen is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State after June 6, 1967, or any state resident is injured or killed by any act or omission of any other person after July 1, 1989, in another state, which act or omission is within the description of the crimes enumerated in section 351-32, or any resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in Title 18 United States Code section 2331, the commission in its discretion, upon an application, may order the payment of compensation in accordance with this chapter:

     (1)  To or for the benefit of the victim;

     (2)  To any person responsible for the maintenance of the victim, if that person has suffered pecuniary loss or incurred expenses as a result of the victim's injury or death;

     (3)  In the case of the death of the victim, to or for the benefit of any one or more of the dependents of the deceased victim;

     (4)  To any person who has incurred expenses on account of hospital, medical, funeral, and burial expenses as a result of the deceased victim's injury and death; or

     (5)  In cases involving a mass casualty incident, for mental health services to or for the benefit of:

         (A)  A relative of the deceased victim;

         (B)  A witness to the mass casualty; or

         (C)  An individual engaged in business or educational activities at the scene of the mass casualty incident;

          provided that compensation to a victim shall have priority over compensation to a relative, a witness, or another individual under this paragraph, and provided further that this paragraph shall not apply to a member of a public or private agency responding to or providing services as a result of a mass casualty incident.

     (b)  For the purposes of this chapter, a person shall be deemed to have intentionally committed an act or omission notwithstanding that by reason of age, insanity, drunkenness, or otherwise the person was legally incapable of forming a criminal intent.

     (c)  In determining whether to make an order under this section, the commission may consider any circumstances it determines to be relevant, and the commission shall consider the behavior of the victim, and whether, because of provocation or otherwise, the victim bears any share of responsibility for the crime that caused the victim's injury or death and the commission shall reduce the amount of compensation in proportion to the amount of responsibility for the crime which caused the victim's injury or death; provided that if the proportion is greater than the responsibility of the person who committed the act or omission or, in the case of more than one person, the aggregate responsibility of such persons because of whom compensation is sought, the commission shall not award any compensation to the victim.

     (d)  An order may be made under this section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in subsection (a) if an arrest has been made or the act or omission has been reported to the police without undue delay.  No order may be made under this section unless the commission finds that:

     (1)  The act or omission did occur; and

     (2)  The injury or death of the victim resulted from the act or omission.

Upon application from either the prosecuting attorney or the chief of police of the appropriate county, the commission may suspend proceedings under this chapter for a period as it deems desirable on the ground that a prosecution for a crime arising out of the act or omission has been commenced or is imminent, or that release of the investigation report would be detrimental to the public interest.

     (e)  If the commission finds that an applicant has made a false statement or representation of a material fact knowing it to be false, or has knowingly failed to disclose a material fact to obtain or increase any compensation under this chapter, and if the false statement or representation was discovered prior to the payment of compensation, the claim may be denied in its entirety.  If the claim has already been paid, the applicant shall reimburse the commission.

     (f)  No compensation of any kind shall be awarded to a victim or intervenor who suffered injury or death while confined in any federal, state, or county jail, prison, or other correctional facility. [L 1967, c 226, pt of §1; HRS §351-31; am L 1972, c 61, §1c; am L 1975, c 138, §2; am L 1979, c 92, §1; am L 1980, c 232, §19; gen ch 1985; am L 1989, c 177, §8; am L 1995, c 182, §3; am L 1996, c 235, §4; am L 1998, c 239, §2 and c 240, §5; am L 2000, c 57, §4]

 

Attorney General Opinions

 

  Subsection (a)(3) cited in holding that dependents stand in shoes of victim and are entitled to no more than $10,000 in aggregate amount.  Att. Gen. Op. 69-22.