§351-31 - Eligibility for compensation.

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

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.