Restitution Bills

Passed:

HB 50 Criminal Financial Obligation Amendments clarifies certain procedures related to the collection of restitution. Much of the modified portions relate to the collection of restitution after matters are referred to state debt collection. The bill clarifies that restitution should be determined as early as possible in order to avoid, as much as possible, untimely orders of restitution that would extend the term of probation or alter the terms of a plea in abeyance.

SB 186 Juvenile Court Amendments clarifies that a request for restitution must be submitted to the court by the prosecuting attorney or victim’s attorney. The victim impact statement sent to probation by the victim does not constitute a request for restitution.

SB 224 Parental Liability Amendments provides that a parent or guardian is liable for the costs and damages sustained when a minor in their custody intentionally damages property with graffiti or commits a threat of terrorism.

Failed:

HB 456 Restitution Amendments addresses restitution owed by a defendant to an individual for financial support that a deceased or incapacitated victim had a legal obligation to provide to any dependent at the time of the defendant's criminal conduct. The defense bar voiced strong objections to the bill as drafted. We will see it again.