[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6345777,"mediaKeyId","2248093-6f243ce8c945b7740e14a57fe1adea09","parentId",2248093,"title","Panel approves restitution measure for children after intoxicated-driving deaths or disability","audioSeconds",2626,"startMs",1896000,"endMs",4522000,"viewUrl","/Search/View?dp=1&key=2248093-6f243ce8c945b7740e14a57fe1adea09&start=1896&end=4522","thumbnailUrl","https://assets.pipeline.soar.com/2248093-6f243ce8c945b7740e14a57fe1adea09/thumbnail_1896000.jpg","articleUrl","/articles/6345777/Hawaii/Panel-approves-restitution-measure-for-children-after-intoxicated-driving-deaths-or-disability","mediaUrl","https://secure.pipeline.soar.com/6345777-3be239c5cfa448dbd2577ad0a2b49670/orig.mp4?Expires=1771164597&Signature=jPpiler8~QE5eMSASRoHQk3YaO6whpbFAm8AHh1YZQVJDM9ZNgukL7HEqwee1KX1ij5I0aon-AdOprU6LSDhvzkcT~ry4WUJ910JgKT5UlC-9XnY-N4I3bb16TwApj2FvDVs~6cYSvXD4iLUFbKsb41oqUz-P8Ip1zB~XQ42QdoBJ2R23DjpcioV9QE6rhx8mcX58YhUJJoAHmlQcDdX8GD5XgUtfllImXu899kh-KmYH-2EF58O67Y4l1dkQXL9gsTo9~~mfLTiHb~pt6thAtNZ6X1XGsjHj0dToNEXFNhrC2w3UBcJC0ZcBAmnfQ-lS8-b3CuT97poITdQqMDf0Q__&Key-Pair-Id=KUT5TJCACFTXG","author","Senate Committee on Judiciary","date","2025-02-07T08:28:34Z","article","On Feb. 6 the Senate Judiciary Committee advanced SB 356, a bill that would require a defendant convicted of causing the death or disability of a parent or legal guardian by vehicle operation while under the influence to make restitution in the form of financial support to each child of the victim.

William Bento of the Office of the Public Defender testified in opposition, arguing courts lack an effective enforcement mechanism under criminal restitution alone because a sentencing court loses jurisdiction when a jail term or probation expires. \"The court loses jurisdiction over that person at that point in time,\" Bento said, and he recommended those remedies be left to civil courts, which issue freestanding restitution orders that can be enforced as civil judgments.

Daniel Hugo, representing the Honolulu Prosecuting Attorney's Office, supported the bill and said courts already consider whether restitution is reasonable and verified, whether a causal connection exists between the crime and the loss, and whether the victim requests restitution. \"They can decide what would be a reasonable amount of support going forward,\" Hugo said, noting freestanding orders of restitution can later be enforced as civil judgments.

Victim advocates and Mothers Against Drunk Driving also testified in support; McKenna Young of Mothers Against Drunk Driving said she supported the bill.

After discussion the committee voted to advance SB 356 with amendments. The chair called the question and recorded ayes from the chair and committee members present; senators Gabbard and Chang were recorded as excused. The committee's action was reported as \"pass with amendments.\"

The testimony revealed competing concerns about enforceability and the practical mechanics for setting and collecting long-term restitution for children of victims; proponents said courts already have tools to set reasonable ongoing support amounts and that freestanding restitution orders can be enforced in civil proceedings.

The committee's approval with amendments sends the bill to the next stage in the legislative process, with stakeholders expecting follow-up on enforcement mechanics and offsets for civil recovery or insurance proceeds.","mediaType","Video","parentTitle","JDC Public Hearing 02-06-2025","oneSentenceSummary","On Feb. 6 the Senate Judiciary Committee advanced SB 356, a bill that would require a defendant convicted of causing the death or disability of a parent or legal guardian by vehicle operation while under the influence to make restitution in the form of financial support to each child of the victim.","taxTitle","Senate Committee on Judiciary, Senate, Legislative , Hawaii","taxId",25734,"location","Hawaii","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6345782,"State revisits prostitution statute after court ruling; prosecutors and public defender clash on scope",1355,3293000,4648000,"/Search/View?dp=1&key=2248093-6f243ce8c945b7740e14a57fe1adea09&start=3293&end=4648","https://assets.pipeline.soar.com/2248093-6f243ce8c945b7740e14a57fe1adea09/thumbnail_3293000.jpg","/articles/6345782/Hawaii/State-revisits-prostitution-statute-after-court-ruling-prosecutors-and-public-defender-clash-on-scope","https://secure.pipeline.soar.com/6345782-5c50821fc2743e0bbd0a7cbf7f2f7711/orig.mp4?Expires=1771164597&Signature=AKSPxxbFYbXakCeiFCsbZewzIxkd9FAZA88ljCUOO9a4HYg6trIzjd-hzTXuH1TFLIozrSAyTvvapPZ7Hj7UiUmbuZ3pgww8piv4q349ABTHVQOueMAx56v-LEqhCwfbYF9VQIskTk57BjFgafIb75tBwIIaVPTJplnNq9yWIbRtTBoUL2cAq7ORmmsFSmFWXIGtfvxkluDdUYLD3hSs7XmcwbQCPxJRDAbHMJpwuK0h~B9Xho-Hb14Fs-rk8XL0D~w6PkV5W-ZwUoLLUoVFD8RylCa2ke4HRwl6K1J5IuglciZsPYpa2ALj4I9WUzaRiIJ6UKnqI1JiSMbDr0~6Ug__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Judiciary Committee considered SB 1312 on Feb. 6, a bill that would clarify that \"profits from prostitution\" includes money or property accepted or received from proceeds of prostitution even if accepted as a reimbursement or repayment of a debt.

Deputy Attorney General Trisha Nakamatsu, appearing for the attorney general's office, said the bill responds to a 2023 Hawaii Supreme Court decision, State v. Avara, which the department said left a potential loophole: \"this would essentially address a case... in which it was held that profits from prostitution did not include repayment of a loan.\" The deputy AG said traffickers could exploit that gap, for example by extending a loan for travel or housing and then demanding repayment in prostitution proceeds.

The public defender's office opposed the bill. William Bento said the Avara facts produced an \"absurd result\" in which two people came here as equals, one lent money to the other, they both participated in prostitution, and then one was prosecuted for receiving repayment. Bento said the proposed statutory language risks criminalizing consensual, reciprocal arrangements and urged the committee to refine the bill to avoid punishing prostituted persons who simply sought reimbursement.

Committee members repeatedly raised the Ibarra/Avara factual scenario as they sought to balance the Legislature's intent to target traffickers while avoiding penalizing victims or coerced individuals. One senator voiced concern that without a careful carve-out, \"we're back to penalizing the prostitutes who just wanted her money back,\" noting the policy shift away from treating prostituted persons as criminals.

Nakamatsu said the department drafted the changes to close the loophole and indicated willingness to follow up with the committee on how the bill would interact with SB 292 (safe-harbor protections for survivors). The chair postponed further action on SB 1312, deferring it to a later hearing to allow additional review and negotiated changes.

The exchange underscored the challenge of defining trafficking and profits without re-exposing prostituted persons to criminal liability; sponsors flagged the need to balance prosecuting organized traffickers while protecting survivors and consensual arrangements among individuals.","The Senate Judiciary Committee considered SB 1312 on Feb. 6, a bill that would clarify that \"profits from prostitution\" includes money or property accepted or received from proceeds of prostitution even if accepted as a reimbursement or repayment of a debt.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6345787,"Senate panel debates raising penalty for intoxicated drivers who cause injury; bill deferred",3204,1130000,4334000,"/Search/View?dp=1&key=2248093-6f243ce8c945b7740e14a57fe1adea09&start=1130&end=4334","https://assets.pipeline.soar.com/2248093-6f243ce8c945b7740e14a57fe1adea09/thumbnail_1130000.jpg","/articles/6345787/Hawaii/Senate-panel-debates-raising-penalty-for-intoxicated-drivers-who-cause-injury-bill-deferred","https://secure.pipeline.soar.com/6345787-80d574f4467f80218fafc6f518792714/orig.mp4?Expires=1771164597&Signature=F2IVEcIcf~UKFbisjBOCpdsCC9re3iR1OpkQw1ZpAQKekiVUxuXsSLKtNgC--nQl7LFIeFbt15gOg5HS2C7jtVikIzGEt154x9nD6~sxrAnazSG6VLRPzyKsYBNW6mZQkyn0j8rj4~BIZw-JQJErWUwXenKkB-X4tC86Li0Xz7jNe0yfURSoa6vU0~nbDyivQdA2H8S3lWUf1hHwYc5sxeQXYN5fzKlm7FBMEp43qIp8qq7JTwLMaE0EvuvEWoqcV4074NtepggqMrmPDJ5A1H1A0OgRvDz0zxNNcf0W6Vj7yLJVM4Eaey8dwRSru6SNqiH87kiZhe3GUs8q9MJlmg__&Key-Pair-Id=KUT5TJCACFTXG","Senate Committee on Judiciary members heard competing testimony Feb. 6 on SB 280, which would amend negligent-injury statutes to treat injuries negligently inflicted by intoxicated drivers as a class C felony.

The bill drew opposition from the Office of the Public Defender. William Bento of the public defender's office told the committee, \"we do oppose the bill,\" and warned that elevating many negligent-injury cases to a class C felony could be “a little too harsh.” He suggested amending HRS 707-706 (negligent injury in the second degree) rather than creating a new first-degree offense and urged the committee to define what it means to be \"under the influence,\" because \"1 drink, a small fender bender that's really just an accident could result in somebody being charged and convicted for a class C felony.\"

Daniel Hugo of the Honolulu Prosecuting Attorney’s Office said prosecutors view drivers who injure others while under the influence differently from drivers stopped before any injury occurs. Hugo said the measure would allow prosecutors to treat \"people who have actually caused harm\" more seriously: \"In cases where they are under the influence of alcohol or drugs, they negligently cause bodily injury to another person, that that would be treated as a class c felony.\" He added that when substantial or serious bodily injury already exists, current law already allows felony charges.

Committee members pressed both sides on practical consequences. One senator questioned whether the proposal would move many cases from a petty misdemeanor to a felony and whether that would overwhelm the courts, noting past system strain when DUI-related misdemeanors triggered jury-trial demands. Hugo responded that the subset of cases involving actual bodily injury is much smaller than the total number of OVUII arrests and said felony treatment would enable dedicated investigations: \"HPD is gonna have a dedicated detective on these cases as opposed to it being treated like, another misdemeanor.\" Bento reiterated concern about the undefined phrase \"under the influence.\"

After testimony and follow-up questioning, the committee chair said members were divided and \"I think I'll defer it.\" The committee deferred SB 280 for further study rather than advancing it.

The discussion highlighted the committee's competing priorities: avoiding overcriminalization of low-level accidents while ensuring harsher penalties and investigative resources when intoxicated driving causes physical harm.

Looking ahead, the issues the committee raised — the statutory definition of \"under the influence,\" the threshold of bodily injury that triggers felony treatment, and court-system capacity — are likely to shape any amended measure returned to the Legislature.","Lawmakers and criminal justice officials sparred over a proposal to raise negligent injury caused by intoxicated drivers to a class C felony; public defender urged narrower language and clarity about \"under the influence,\" prosecutors urged stronger penalties for drivers who cause harm. The committee deferred SB 280 for further consideration.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6345767,"Votes at a glance: Senate Judiciary Committee actions, Feb. 6, 2025",546,4266000,4812000,"/Search/View?dp=1&key=2248093-6f243ce8c945b7740e14a57fe1adea09&start=4266&end=4812","https://assets.pipeline.soar.com/2248093-6f243ce8c945b7740e14a57fe1adea09/thumbnail_4266000.jpg","/articles/6345767/Hawaii/Votes-at-a-glance-Senate-Judiciary-Committee-actions-Feb-6-2025","https://secure.pipeline.soar.com/6345767-693be8b57470af931cd57e546ee35b6b/orig.mp4?Expires=1771164597&Signature=XUYBvZdluAGaSqcqw-lkWSyxDfGs~xLydwA6zd6QuHugmKdjmhjlmbZRhrUtOh26IpmuZ1tvQQTgtWHGWsGXA-Dsq7BNbjwLFOljXXTt~WUZ7Zp3fTSiiJRmUDCuQfbZipK4gORkxkBX~NwoCseSopnnhH9gAeeqpeSX49PzLqmAtbxzqOT36ok~yz-ZcyhUZKl3tvrJq5UMTCHhUk5ktwfIIZlwOYW7Kstt0SP2T2UdXFUUYgJ1wcNLzPcQ7M0enO-uoiCK66eaSqtUcYJeMIjnyMy3C23cb5bT7YKjP~2gfTOdNPMbQop4bgZxTdUPZIVFE3dR0-9MnNZxt5DAuQ__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Committee on Judiciary took the following actions during its Feb. 6, 2025 hearing and business meeting.

- SB 335 (objections by political-party officers to nomination papers filed with Office of Elections): Deferred indefinitely (chair announced deferral).

- SB 280 (amend negligent-injury to include injuries negligently inflicted by intoxicated drivers): Deferred for further consideration (chair announced deferral).

- SB 292 (safe-harbor protections for survivors of sexual exploitation who seek medical or law-enforcement assistance): Passed with amendments (committee recommendation: pass with amendments). Chair and members present recorded aye votes; two senators excused.

- SB 301 (additional penalty for dog owner when dog destroys property on agricultural land): Passed with amendments and kept alive for conference; chair noted consolidation with other dog bills and set placeholder date (bad date placed for 04/23/2057 as procedural marker).

- SB 356 (restitution for children when parent's death or disability caused by intoxicated driving): Passed with amendments (committee recorded ayes; senators Gabbard and Chang excused).

- SB 1284 (constitutional amendment to prohibit discrimination on multiple listed bases): Passed with a technical, non-substantive amendment (committee recommendation: pass with amendment).

- SB 1309 (appropriations for claims against the State): Passed with amendments; committee agreed to add seven additional claims submitted by the Attorney General in Attachment B. Total claims after additions: $4,886,234.22 (attachments cited in testimony).

- SB 1312 (clarify profits from prostitution to include repayment/reimbursement): Deferred to Wednesday, Feb. 19 at 10:00 a.m. for further consideration and drafting.

- SB 1469 (suspend statute of limitations on tax collections while assessment is on appeal): Passed with technical (text-only) amendments.

- SB 1508 (statutory revision bill to correct, clarify, or repeal obsolete provisions): Passed with technical amendments.

- SB 1515 (replace boards of registration with on-call circuit judges to hear election disputes when board membership incomplete): Passed with amendments; amendment will allow complainants to seek relief in circuit court and have the judiciary designate on-call judges where needed.

Several measures drew extensive testimony before the committee took action. For specifics on each bill's testimony, amendments adopted, and the record of speakers, see the committee's minutes and exhibits.","Summary of committee actions taken Feb. 6 on bills before the Senate Committee on Judiciary, including bills advanced with amendments, deferred items and technical passes.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6345772,"State elections director opposes funneling party objections to Office of Elections; committee defers SB 335",3380,918000,4298000,"/Search/View?dp=1&key=2248093-6f243ce8c945b7740e14a57fe1adea09&start=918&end=4298","https://assets.pipeline.soar.com/2248093-6f243ce8c945b7740e14a57fe1adea09/thumbnail_918000.jpg","/articles/6345772/Hawaii/State-elections-director-opposes-funneling-party-objections-to-Office-of-Elections-committee-defers-SB-335","https://secure.pipeline.soar.com/6345772-d140472d5773a831f4ec775ecb2a655b/orig.mp4?Expires=1771164597&Signature=VIDhw7eYobh94stxYXjtHfCPxYpB4efih-4udsQvmoY8u35VwnsIChJmxrxjYYIMr5Rt8JaqwWMKPkz1gQ4949az4HYacnDk9GbYiQlziy7G8TCoJKj4kPI-SztP9N7N3uBfcFm0-ao05bDtFX5uT~s3bmYwaoIg7wpYhDrdcQSTqMWQhHRkbXKQEzW9qVv0nwjNOkQ3w8ngoDuzCiinneq-JvUBYC1NL5tXdN6hYBl-1oZQuH3ZoovFjh5TPYuxYQCXCN9viSNBG-aEJX7DfSGljYWPR5URvOpvtjAGC0jPvwTSQgVfIrI21SGwiD7fOd5-E~1H59~EmIpmS0uycw__&Key-Pair-Id=KUT5TJCACFTXG","SB 335, a proposal to require objections made by an officer of a political party to candidate nomination papers to be filed with and determined by the Office of Elections, was heard Feb. 6 by the Senate Judiciary Committee.

Scott Nago, State Election Director, said the Office of Elections \"doesn't believe we would be the appropriate place to file a party challenge because depending on the outcome, we would have to file and advocate for that party in court.\" Nago described a historical concern that led to earlier changes in law: when the chief election officer previously made determinations on party membership the attorney general might be required to represent the chief election officer — and, in one cited 1994 instance, that resulted in the attorney general effectively representing the party in litigation.

Committee members probed alternatives. One senator asked whether all such challenges could instead go directly to circuit court to avoid the elections office taking an advocacy role; Nago said the office performs administrative decisions before ballots are printed and noted that sending all challenges immediately to court could create timing and ballot-printing problems if the court takes time to resolve disputes.

After brief questioning and no additional public testimony, the chair announced a decision to defer SB 335 indefinitely. The chair explained she did not think the proposed change made sense, and moved that the bill be deferred.

The exchange focused on the institutional role of the Office of Elections in balancing prompt administrative rulings before ballot printing with the risk that handling party-member objections could place the office in the awkward position of being represented in court as a party advocate.","Scott Nago, state election director, told the Senate Judiciary Committee that objections by political-party officers to candidate nomination papers should not be channeled to the Office of Elections because the office might be forced to advocate for a party in court; the committee deferred SB 335 indefinitely.","actionData","errors"]

Article not found

Panel approves restitution measure for children after intoxicated-driving deaths or disability

State revisits prostitution statute after court ruling; prosecutors and public defender clash on scope

Senate panel debates raising penalty for intoxicated drivers who cause injury; bill deferred

Votes at a glance: Senate Judiciary Committee actions, Feb. 6, 2025

State elections director opposes funneling party objections to Office of Elections; committee defers SB 335