§351-33 Award of compensation. The
commission may order the payment of compensation under this part for:
(1) Expenses actually and reasonably incurred during
the period of the injury or death of the victim;
(2) Loss to the victim of earning power as a result
of total or partial incapacity;
(3) Pecuniary loss to the dependents of the deceased
victim;
(4) Pain and suffering to the victim;
(5) Any other pecuniary loss directly resulting from
the injury or death of the victim that the commission determines to be
reasonable and proper;
(6) Expenses actually and reasonably incurred for
mental health services in the case of a mass casualty incident;
(7) Expenses actually and reasonably incurred for
mental health services to or for the benefit of the surviving relatives in the
case of a deceased victim; and
(8) Expenses actually and reasonably incurred for
mental health services for a child witness in the case of a crime of abuse of
family or household member. [L 1967, c 226, pt of §1; HRS §351-33; am L 1995, c
182, §4; am L 1998, c 240, §5; am L 2000, c 57, §5; am L 2019, c 237, §2]
Case Notes
Defendant's argument that a crime victim who received
indemnification from an insurer did not suffer a "loss" within the
meaning of §706-646 was without merit; the only exception for or reduction of
restitution plainly stated in §706-646 is that any amount actually recovered by
the victim from the criminal should be deducted from the amount the victim
might recover from the crime victim compensation special fund pursuant to this
section. 121 H. 135 (App.), 214 P.3d 1125 (2009).
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 2000–2026 · leading case:
State v. DeMello., 361 P.3d 420 (Haw. 2015).
State v. DeMello., 361 P.3d 420 (Haw. 2015).
· cites it 5× “For clarity, this opinion will use the word “award” to refer to payments by the CVCC and "order” when referring to restitution to be paid by a defendant pursuant to an order of a court.”
State v. Kealoha., 414 P.3d 98 (Haw. 2018).
· cites it 4× “(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351-33.”
State v. Sequeira, 995 P.2d 335 (Haw. App. 2000).
· cites it 8× “Finally, HRS § 351-33 (Supp.1997) specified that awards of compensation by the crime victim compensation commission could encompass payment only for: (1) Expenses actually and reasonably incurred during the period of the injury or death of the victim; (2) Loss to the victim of…”
State v. Tuialii, 214 P.3d 1125 (Haw. App. 2009).
· cites it 4× “However, the only exception or reduction plainly stated in the statute is that any amount actually recovered by the victim from the criminal should be deducted from the amount the victim might recover from the crime victim compensation special fund pursuant to HRS § 351-33. HRS…”
State v. Kilborn, 127 P.3d 95 (Haw. App. 2005).
· cites it 2× “(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim un *440 der this section shall be deducted from any award under section…”
State v. Domingo, 216 P.3d 117 (Haw. App. 2009).
· cites it 2× “(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351-33.”
State v. Martin, 79 P.3d 686 (Haw. App. 2003).
· cites it 2× “(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 [“Award of compensation”] or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any…”
State v. Kai, 44 P.3d 288 (Haw. App. 2002).
· cites it 2× “(4)The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351-33.”
State v. Mauai-Silifaiva (Haw. App. 2026).
“(5) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351- 33.”
— Haw. Rev. Stat. § 351-33(2) — 1 case
State v. DeMello., 361 P.3d 420 (Haw. 2015).
“For clarity, this opinion will use the word “award” to refer to payments by the CVCC and "order” when referring to restitution to be paid by a defendant pursuant to an order of a court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.