Administrative Code Provisions | WCHR ยง 23-605-6 | 2018
(a) Compensation may be paid to those persons identified in subsection (b) when a person is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State, victims of Federal crimes occurring within the State; a resident of this State who is injured or killed in another state by any act or omission within the description of any of the crimes specified in section 351-32 in a state not having an eligible crime victim compensation program or 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 United States Code section 2331, but does not include a law enforcement officer who is actively engaged in the performance of official duties whether on or off duty.
(b) Compensation may be ordered to those persons that are specified in statute.
(c) The applicant who makes a claim on behalf of dependents must have legal custody of the dependents or be otherwise legally authorized to act on the dependents' behalf. The commission may require proof of such authority.
(d) To be eligible for compensation, the victim must be the victim of a covered crime under section 351-32, Hawaii Revised Statutes.
(e) A victim may be eligible for compensation whether or not any person is prosecuted for or convicted of a crime as set forth in section 351-32, Hawaii Revised Statutes, provided that the crime has been reported to the police without undue delay. The filing of criminal charges by the prosecuting attorney shall be considered as conclusive proof that a crime has been committed. However, a victim may be eligible for compensation notwithstanding the fact that the prosecuting attorney has not filed criminal charges.