Chapter 238
2010 -- H 7898
Enacted 06/25/10
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE -- THE ESCHEATMENT OF UNCLAIMED FUNDS IN COURT
REGISTRIES
Introduced By: Representatives D Caprio, Lally, Petrarca, DeSimone, and JP O`Neill
Date Introduced: March 11, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 8-12-1, 8-12-2 and 8-12-3 of the General
Laws in Chapter 8-12
entitled "Conditional Escheat of Unclaimed Funds in Court
Registries" are hereby amended to
read as follows:
8-12-1.
Report of unclaimed funds in court registries. --
(a) The clerks of the supreme,
superior, family, and district, workers'
compensation courts and the traffic tribunal shall, every
year during the month of July in every even year, return
to the state court administrator those
funds which have been on deposit in the registry of the
respective court for a period of five (5)
years or more next preceding as of the last
business day of June of the then current that year. A
sworn statement of listing all money or funds
shall also be submitted.
(b) The statement shall
contain as to each deposit or fund:
(1) The number and
title of the case and the date of the order entered on the case in
accordance with which the money was paid into the registry of
the court;
(2) The name and
address of the person, persons, firm, or corporation who paid the
money into the registry of the court so far as the name and
address appears of record;
(3) The name and address
of the person, persons, firm, or corporation entitled to the
money in the registry so far as the name and address appear
of record in the case or are otherwise
known to the clerk;
(4) The amount and date
of the deposit in the registry of the court and the amount
including accretions from interest or otherwise at the date of
the statement; and
(5) Whether An assertion as to whether or not any claim to
the deposit or fund or portion
of the deposit
thereof is then being actively prosecuted by any person or
and/or whether such
claim has been made during the five (5) years next
preceding prior to the last business day of the
month of June in
the year in which the statement is returned of that year.
8-12-2.
Deposit of unclaimed funds. -- If, upon
examination of the sworn statement
required to be filed by the several clerks under the
provisions of section 8-12-1, it appears to the
state court administrator that there are deposits in the registry of the supreme court, the
superior
court, the family court, or the district court,
the workers' compensation court and/or the traffic
tribunal that have been
unclaimed by any person prima facie entitled to the deposits, or his or her
or its representative, for a period of five (5) years next
preceding the last business day of the
month of June of
the then current year, then all of those unclaimed deposits in
the registry of the
applicable court, unclaimed by any person, firm, or
corporation, or his or her or its
representatives, for a period of five (5) years next preceding the
last business day of the month of
June of the then current year, together with any interest on the deposit, shall be
paid to the general
fund to be held and used by the administrator of the state
courts as approved by the chief justice
of the supreme court subject to being repaid to the
person(s), firm(s) or corporation(s) who may
subsequently establish a lawful right to the deposit as provided
in section 8-12-3. If the court in
which the registry fund has been maintained shall determine
in any given case that all issues in
the case have been disposed of except as to the
disposition of the fund, and that no claim to the
fund, or any portion or the income of the fund, is being
actively prosecuted or has been presented
to the court by any person, persons, firm, or
corporation within the period of five (5) years next
preceding the last business day of the month of June of the
year, then the applicable court shall
pay the full amount of the fund on deposit, together with
all interest and accumulations, to the
general fund to be held and used by it according to law,
subject however, to repayment to the
person, persons, firm, or corporation who may subsequently
establish entitlement to the deposit as
provided in section 8-12-3.
8-12-3.
Claim for escheated funds. -- (a) Any person who claims a right to money or
funds as ordered by the supreme court, the superior
court, the family court, or the district court to
be paid to the general fund, as provided in by
the supreme court, the superior court, the family
court, the district court, the workers' compensation court
and/or the traffic tribunal pursuant to
section 8-12-2, may file a complaint in the superior court
within and for the
within three (3) years after the funds are deposited in the
general fund. The complaint shall be
subject to the superior court rules of civil procedure and
shall follow the course of equity. The
complaint shall be filed against the state, and service of process
shall be made upon the
administrator of the state courts in person or at his or her
respective office with someone in
charge of the office. The attorney general shall appear and
represent the state in the action. The
superior court shall hear the complaint, and in case the final
determination of the complaint is in
favor of the plaintiff, the court shall enter its judgment
directing the administrator of the state
courts to repay to the plaintiff so much of the fund as the
plaintiff has shown himself or herself
entitled to receive, together with interest at a rate not to
exceed six percent (6%) per annum on
that amount, together with the costs of the action as
taxed, in accordance with the rules of civil
procedure. The interest shall begin to accumulate on the date
the sum is received by the general
fund and shall cease on the earlier of fifteen (15) years
following receipt or the date on which
payment is made to the owner. Upon issuance of the order, the
clerk shall immediately forward to
the administrator of the state courts the execution based
upon the judgment and including costs as
taxed. The general fund will pay the amount named in the
execution to the party entitled to the
amount.
(b) In case the action
is determined in favor of the state, the determination shall operate
as a final bar against the claimant or his or her or its
representatives. In the event the action is
decided in favor of the claimant, review may be had by the
supreme court in its discretion on
petition for writ of certiorari, which must be filed within
twenty (20) days by the attorney general
following the judgment of the superior court.
SECTION 2. Section 8-10-13 of the General Laws in Chapter
8-10 entitled "Family
Court" is hereby
repealed.
8-10-13. Unclaimed funds in registry of family court. --
All money or funds which
have been on deposit in the registry of the family court,
or in combination in the superior court
and the family court, or in combination in the juvenile
court and the family court, for a period of
ten (10) years or more shall be administered and disposed
of in the same manner as provided by
chapter 12 of this title for the superior court; and wherever
in chapter 12 of this title authority and
duties with respect to such money or funds is exercised or
performed by the clerk of the superior
court, the clerk of the family court shall exercise that
authority and perform those duties with
respect to such money or funds in the registry of the family
court.
SECTION 3. Section 12-19-34 of the General Laws in Chapter
12-19 entitled "Sentence
and Execution" is hereby amended to read as follows:
12-19-34.
Priority of restitution payments to victims of crime. --
(a) (1) If a person,
pursuant to sections 12-19-32, 12-19-32.1, or 12-19-33, is
ordered to make restitution in the form
of monetary payment the court may order that it shall be
made through the administrative office
of state courts which shall record all payments and pay
the money to the person injured in
accordance with the order or with any modification of the order;
provided, in cases where court
ordered restitution totals less than two hundred dollars
($200) payment shall be made at the time
of sentencing if the court determines that the defendant
has the present ability to make restitution.
(2) Payments made on
account when both restitution to a third-party is ordered, and
court costs, fines, and fees, and assessments related to
prosecution are owed, shall be disbursed
by the administrative office of the state courts in the
following priorities:
(i)
court ordered restitution payments to person injured
until such time as the court's
restitution is fully satisfied; and
(ii) court
costs, fines, fees, and assessments related to prosecution after the full
payment
of restitution.
(3) Notwithstanding any
other provision of law, any interest which has been accrued by
the restitution account in the central registry shall be
deposited on a regular basis into the violent
crime indemnity fund
crime victim compensation fund, established by chapter 25 of this title.
In
the event that the office of the administrator of the
state courts cannot locate the person or persons
to whom restitution is to be made, the principal of the
restitution payment shall be deposited into
the general fund
escheat to the state pursuant to the provisions of chapter 8-12.
(b) The state is authorized
to develop rules and/or regulations relating to assessment,
collection, and disbursement of restitution payments when any of
the following events occur:
(1) The defendant is
incarcerated or on home confinement but is able to pay some
portion of the restitution; or
(2) The victim dies
before restitution payments are completed.
(c) The state may
maintain a civil action to place a lien on the personal or real property
of a defendant who is assessed restitution, as well as
to seek wage garnishment, consistent with
state and federal law.
SECTION 4. Section 33-21.1-13 of the General Laws in Chapter
33-21.1 entitled
"Unclaimed Intangible
and Tangible Property" is hereby amended to read as follows:
33-21.1-13.
Property held by courts and public agencies. -- Intangible property
held
for the owner by a court, state, or other government,
governmental subdivision or agency, public
corporation, or public authority which remains unclaimed by the
owner for more than one year
after becoming payable or distributable is presumed
abandoned. Intangible property held by a
state court shall escheat to the state pursuant to the
provisions of section 8-12-1 through section 8-
12-3.
SECTION 5. This act shall take effect upon passage.
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LC02161
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