This part shall not apply and shall have no effect where:

(1) The conviction is reversed or overturned; or
criminal case

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Terms Used In Hawaii Revised Statutes 351-88

  • Commission: means the crime victim compensation commission established by this chapter. See Hawaii Revised Statutes 351-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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 § 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 § 2331. See Hawaii Revised Statutes 351-2

(2) The applicable statute of limitations for a civil action which may be filed by a victim, a victim’s representative, or a person specified in section 351–31 relating to the criminal act committed by the convicted person has expired, and there are no such civil actions pending and ten years have elapsed since the date of the last judgment obtained by a victim, a victim’s representative, or a person specified in § 351-31.

Under the circumstances set forth in paragraph (1) or (2), all moneys held by the commission in a collection account or special account, including interest, shall be disbursed to the convicted person or any other person legally entitled to receive the disbursement.

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