PART III. 
FINES AND RESTITUTION



 



Note



 



  Part heading amended by L 1998, c 269, §3; L 2000, c 205, §5.



 



§706-640  Authorized fines.  (1)  A
person who has been convicted of an offense may be sentenced to pay a fine not
exceeding:



(a) $50,000, when the conviction is of a class A
felony, murder in the first or second degree, or attempted murder in the first
or second degree;



(b) $25,000, when the conviction is of a class B
felony;



(c) $10,000, when the conviction is of a class C
felony;



(d) $2,000, when the conviction is of a misdemeanor;



(e) $1,000, when the conviction is of a petty
misdemeanor or a violation;



(f) Any higher amount equal to double the pecuniary
gain derived from the offense by the defendant;



(g) Any higher or lower amount specifically
authorized by statute.



(2)  Notwithstanding section 706-641, the court
shall impose a mandatory fine upon any defendant convicted of theft in the
first or second degree committed by receiving stolen property as set forth in
section 708-830(7).  The fine imposed shall be the greater of double the value
of the stolen property received or $25,000 in the case of a conviction for
theft in the first degree; or the greater of double the value of the stolen
property received or $10,000 in the case of a conviction for theft in the
second degree.  The mandatory fines imposed by this subsection shall not be
reduced except and only to the extent that payment of the fine prevents the
defendant from making restitution to the victim of the offense, or that the
defendant's property, real or otherwise, has been forfeited under chapter 712A
as a result of the same conviction for which the defendant is being fined under
this subsection.  Consequences for nonpayment shall be governed by section
706-644; provided that the court shall not reduce the fine under section
706-644(4) or 706-645. [L 1972, c 9, pt of §1; am L 1986, c 314, §33; am L
1987, c 181, §5; am L 1997, c 149, §4]



 



Cross References



 



  Unauthorized removal of shopping carts, see §633-16.



 



COMMENTARY ON §706-640



 



  This section sets forth the maximum fine authorized for any
offense according to grade and class.  The maximum amount provided should be
sufficient for both deterrent and correctional purposes; discretion in imposing
a fine within the set maximum should be guided by the criteria set forth in
§706-641.



  The most significant use of the fine as a means of penalizing
the offender is in offenses involving pecuniary gain.  When the amount of
pecuniary gain is proven, subsection (5) subordinates the stated amounts and
authorizes a greater fine in an amount equal to double the pecuniary gain.



  The third paragraph of the commentary appearing in the main
volume is reproduced to correct a printing error:



  "Subsection
(6) acknowledges that other higher or lower fines may be authorized with
respect to specific offenses when deemed necessary or appropriate to the
situation.  Subsection (6) also preserves and recognizes higher and lower
limits for offenses which are set by provisions of law not within the Penal
Code."



  Because of the questionable wisdom and constitutionality of
authorizing the disposition of assessing costs against convicted defendants in
criminal cases, the Code departs from prior Hawaii law and does not authorize
such a sentence.  As a practical matter, costs are almost never imposed in
criminal cases.  The departure is from previous statutory language rather than
practice.



 



SUPPLEMENTAL COMMENTARY ON §706-640



 



  Act 314, Session Laws 1986, increased the maximum amounts of
fines to allow a sentencing court discretion to impose severe fines, especially
when the offender derives great financial gain from the criminal activity. 
Conference Committee Report No. 51-86.



  Act 181, Session Laws 1987, added language to this section to
reflect the recently created statutory murder and attempted murder crimes. 
These crimes are murder in the first and second degree and attempted murder in
the first and second degree.  Senate Standing Committee Report No. 1130.



  Act 149, Session Laws 1997, amended this section to impose
mandatory fines upon persons convicted of receiving stolen property.  With the
property crime rate continuing to escalate at a dramatic rate, the legislature
supported the imposition of severe penalties for those who are in receipt of
stolen property, in an effort to deter the criminal activity.  Senate Standing
Committee Report No. 1600.