Restitution Bills

Passed:

We testified regarding HB 213 Crime Victim Records Amendments and pushed for a committee amendment that changed the language from the office “may” to the office “shall” provide a nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender. We later encouraged an amendment, which all parties agreed to, which stated that the office shall provide the information only in the event that a restitution hearing is requested. This version passed.

HB 218 Restitution Revisions amends restitution owed by a defendant to include financial support for an individual that a deceased or incapacitated victim had a legal obligation to provide for at the time of the defendant's criminal conduct. We spoke against this bill at every opportunity and believe that this is an issue designed to be handled by the civil system, not the criminal system. Despite our concerns, the bill passed. This is an issue we expect to be working on throughout the year. This bill will be problematic if we have to handle this type of case.