2013 -- S 0490

=======

LC01612

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 12-19-34 of the General Laws in Chapter 12-19 entitled "Sentence

1-2

and Execution" is hereby amended to read as follows:

1-3

     12-19-34. Priority of restitution payments to victims of crime. -- (a) (1) If a person,

1-4

pursuant to sections 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make restitution in the form

1-5

of monetary payment the court may order that it shall be made through the administrative office

1-6

of state courts which shall record all payments and pay the money to the person injured in

1-7

accordance with the order or with any modification of the order; provided, in cases where court

1-8

ordered restitution totals less than two hundred dollars ($200) payment shall be made at the time

1-9

of sentencing if the court determines that the defendant has the present ability to make restitution.

1-10

      (2) Payments made on account when both restitution to a third-party is ordered, and

1-11

court costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed

1-12

by the administrative office of the state courts in the following priorities:

1-13

      (i) Upon determination of restitution, court ordered restitution payments shall be paid

1-14

first to person persons injured until such time as the court's restitution is fully satisfied; and

1-15

      (ii) Followed by the payment of court costs, fines, fees, and assessments related to

1-16

prosecution after the full payment of restitution.

1-17

      (3) Notwithstanding any other provision of law, any interest which has been accrued by

1-18

the restitution account in the central registry shall be deposited on a regular basis into the crime

1-19

victim compensation fund, established by chapter 25 of this title. In the event that the office of the

1-20

administrator of the state courts cannot locate the person or persons to whom restitution is to be

2-1

made, the principal of the restitution payment shall escheat to the state pursuant to the provisions

2-2

of chapter 8-12.

2-3

      (b) The state is authorized to develop rules and/or regulations relating to assessment,

2-4

collection, and disbursement of restitution payments when any of the following events occur:

2-5

      (1) The defendant is incarcerated or on home confinement but is able to pay some

2-6

portion of the restitution; or

2-7

      (2) The victim dies before restitution payments are completed.

2-8

      (c) The state may maintain a civil action to place a lien on the personal or real property

2-9

of a defendant who is assessed restitution, as well as to seek wage garnishment, consistent with

2-10

state and federal law.

2-11

     SECTION 2. This act shall take effect upon passage.

=======

LC01612

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

***

3-1

     This act would provide for the priority of restitution payments to victims of crime once

3-2

restitution is determined.

3-3

     This act would take effect upon passage.

=======

LC01612

=======