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 oromission of any other person coming within the criminal jurisdiction of theState after June 6, 1967, or any state resident is injured or killed by any actor omission of any other person after July 1, 1989, in another state, which actor omission is within the description of the crimes enumerated in section351-32, or any resident of this State who is injured or killed by an act ofterrorism occurring outside the United States, as defined in Title 18 UnitedStates Code section 2331, the commission in its discretion, upon anapplication, may order the payment of compensation in accordance with thischapter:

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

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

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

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

(5)  In cases involving a mass casualty incident, formental 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 oreducational activities at the scene of the mass casualty incident;

provided that compensation to a victim shallhave priority over compensation to a relative, a witness, or another individualunder this paragraph, and provided further that this paragraph shall not applyto a member of a public or private agency responding to or providing servicesas a result of a mass casualty incident.

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

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

(d)  An order may be made under this sectionwhether or not any person is prosecuted for or convicted of a crime arising outof an act or omission described in subsection (a) if an arrest has been made orthe act or omission has been reported to the police without undue delay.  Noorder 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 fromthe act or omission.

Upon application from either the prosecutingattorney or the chief of police of the appropriate county, the commission maysuspend proceedings under this chapter for a period as it deems desirable onthe ground that a prosecution for a crime arising out of the act or omissionhas been commenced or is imminent, or that release of the investigation reportwould be detrimental to the public interest.

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

(f)  No compensation of any kind shall beawarded to a victim or intervenor who suffered injury or death while confinedin 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 inshoes of victim and are entitled to no more than $10,000 in aggregate amount. Att. Gen. Op. 69-22.