2002 Senate Bill 1234

Introduced in the Senate

April 17, 2002

Introduced by Sen. Joel Gougeon (R-34)

To require that restitution payments to a victim by a convicted criminal include actual psychological or physical medical costs, up to triple the ordinary restitution if the crime resulted in the death or serious impairment of a body function, and an amount equal to the loss to the family of a tax deduction or credit if a deceased victim could have been claimed as a dependent. If a defendant seeks modification of a restitution order, the court would be required to officially find that modifying the method of payment would not impose a manifest hardship on the victim. The bill authorizes a court to order the parents of a juvenile offender to pay any portion of a restitution order, and authorizes ordering an employed defendant to execute a wage assignment to pay restitution. Finally, the bill revises the requirements for review of cases in which restitution is a condition of probation, and prohibits imposing a fee on a victim, victim's estate, or the prosecuting attorney for enforcing a restitution order.

Referred to the Committee on Judiciary

April 24, 2002

Substitute offered

To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

April 25, 2002

Passed in the Senate 36 to 0 (details)

Received in the House

April 25, 2002

To require that restitution payments to a victim by a convicted criminal include actual psychological or physical medical costs, up to triple the ordinary restitution if the crime resulted in the death or serious impairment of a body function, and an amount equal to the loss to the family of a tax deduction or credit if a deceased victim could have been claimed as a dependent. If a defendant seeks modification of a restitution order, the court would be required to officially find that modifying the method of payment would not impose a manifest hardship on the victim. The bill authorizes a court to order the parents of a juvenile offender to pay any portion of a restitution order, and authorizes ordering an employed defendant to execute a wage assignment to pay restitution. Finally, the bill revises the requirements for review of cases in which restitution is a condition of probation, and prohibits imposing a fee on a victim, victim's estate, or the prosecuting attorney for enforcing a restitution order.