Hawaii Revised Statutes
351. Crime Victim Compensation
351-2 Definitions.

§351-2 Definitions. As used in this chapter, unless the context otherwise requires:
"Child" means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child.
"Commission" means the crime victim compensation commission established by this chapter.
"Crime" means those under section 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code section 2331, against a resident of this State.
"Dependents" mean such relatives of a deceased victim who were wholly or partially dependent upon the victim's income at the time of the victim's death or would have been so dependent but for the incapacity due to the injury from which the death resulted and includes the child of the victim born after the victim's death.
"Designated person" means a person who made payments for funeral, burial, and medical expenses on behalf of a victim.
"Injury" means actual bodily harm and, in respect of a victim, includes pregnancy and mental or nervous shock; and "injured" has a corresponding meaning.
"Mass casualty incident" means an incident with multiple victims killed during a continuous course of criminal conduct.
"Private citizen" means any natural person other than a police officer who is actively engaged in the performance of the police officer's official duties.
"Relative" means a victim's spouse or reciprocal beneficiary, parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half brother, half sister, stepbrother, stepsister, spouse's or reciprocal beneficiary's parents, niece, nephew, or person residing in the same dwelling unit as the victim.
"Resident" means every individual who:
(1) Intends to permanently reside in this State;
(2) Has a permanent abode in this State;
(3) Is a student at any institution of learning and claimed as a dependent of a Hawaii resident;
(4) Files a Hawaii income tax return; or
(5) Is registered to vote in this State.
"Victim" means:
(1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;
(2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in section 351-32; or
(3) A person who is a 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. [L 1967, c 226, pt of §1; HRS §351-2; am L 1972, c 2, §13 and c 61, §1a; am L 1977, c 191, §2; am L 1983, c 124, §15; gen ch 1985; am L 1989, c 177, § §1 to 3; am L 1995, c 182, §1; am L 1997, c 383, §49; am L 1998, c 239, §1 and c 240, §3; am L 2000, c 57, § §2, 3]
Revision Note
Punctuation changed pursuant to §23G-15.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 20. Social Services

351. Crime Victim Compensation

351-1 Purpose.

351-2 Definitions.

351-11 Crime victim compensation commission.

351-12 Tenure and compensation of members.

351-13 Powers and procedures of commission.

351-14 Hearings and evidence.

351-15 Medical examination.

351-16 Attorneys' fees.

351-17 Reconsideration by commission; judicial review.

351-31 Eligibility for compensation.

351-32 Violent crimes.

351-33 Award of compensation.

351-34 REPEALED.

351-35 Recovery from offender.

351-51 Eligibility for compensation.

351-52 Award of compensation.

351-61 Terms of order.

351-62 Limitations upon award of compensation.

351-62.5 Crime victim compensation special fund; when payments authorized.

351-62.6 Compensation fee.

351-63 Recovery from collateral source.

351-64 No double recovery.

351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part o...

351-65 Legal adviser.

351-66 Exemption from execution.

351-67 Survival and abatement.

351-68 Rulemaking powers.

351-69 Commission staff.

351-70 Annual report.

351-81 Deposit of copy of contract upon indictment or charge of criminal offense.

351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission.

351-83 Collection account, creation, disbursements.

351-84 Special account, creation, disbursements.

351-85 Collection, special accounts to be interest bearing.

351-86 Money deposited not subject to execution, levy, attachment, or lien.

351-87 Lien in favor of State.

351-88 Part not applicable; return of moneys held.