Hawaii Revised Statutes

Haw. Rev. Stat. § 351-33 (2026)

  Award of compensation

✓ current as of July 2026
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     §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.”
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