1999 Legislation
Print Friendly

SENATE BILL NO. 1253 – Crime victim, defined


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

S1253................................................by JUDICIARY AND RULES
CRIME VICTIM - Amends existing law to revise the definition of victim to
delete the requirement that the victim be named in the complaint,
information or indictment.

03/04    Senate intro - 1st rdg - to printing
03/05    Rpt prt - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth
      Absent and excused--McLaughlin, Parry, Twiggs
    Floor Sponsor - Davis
    Title apvd - to House
03/12    House intro - 1st rdg - to Jud
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 59-0-11
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kunz, Lake, Limbaugh, Mader, Marley, McKague,
      Meyer(Duncan), Montgomery, Moyle, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smylie, Stevenson,
      Stoicheff, Stone, Tippets, Watson, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Jones, Kendell, Linford, Loertscher,
      Mortensen, Smith, Taylor, Tilman, Trail, Williams
    Floor Sponsor - Montgomery
    Title apvd - to Senate
03/22    To enrol - rpt enrol - Pres signed - Sp signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 338
         Effective: 03/24/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1253

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 19-5304, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

10    DEFINITIONS. (1) As used in this chapter:
11        (a)  "Economic  loss"  includes, but is not limited to, the value of prop-
12        erty taken, destroyed, broken, or otherwise harmed, lost wages, and direct
13        out-of-pocket losses or expenses, such as medical expenses resulting  from
14        the  criminal  conduct,  but does not include less tangible damage such as
15        pain and suffering, wrongful death or emotional distress.
16        (b)  "Found guilty of any crime" shall mean a finding by a  court  that  a
17        defendant  has  committed  a  criminal act and shall include an entry of a
18        plea of guilty, an order withholding  judgment,  suspending  sentence,  or
19        entry of judgment of conviction for a misdemeanor or felony.
20        (c)  "Value" shall be as defined in section 18-2402(11), Idaho Code.
21        (d)  "Property" shall be as defined in section 18-2402(8), Idaho Code.
22        (e)  "Victim" shall mean:
23             (i)   The  directly  injured  victim  which means a person or entity,
24              named in the complaint, information or indictment,    who
25             suffers  economic  loss  or  injury  as the result of the defendant's
26             criminal conduct and shall also include the  immediate  family  of  a
27             minor  and  the  immediate  family  of  the actual victim in homicide
28             cases;
29             (ii)  Any health care provider who has provided medical treatment  to
30             a  directly injured victim if such treatment is for an injury result-
31             ing from the defendant's criminal  conduct,  and  who  has  not  been
32             otherwise compensated for such treatment by the directly injured vic-
33             tim or the immediate family of the directly injured victim;
34             (iii) The account established pursuant to the crime victims compensa-
35             tion  act,  chapter  10, title 72, Idaho Code, from which payment was
36             made for medical treatment, services or monetary benefits for  injury
37             resulting from the defendant's criminal conduct;
38             (iv)  A  person or entity who suffers economic loss because such per-
39             son or entity has made payments to or on behalf of a directly injured
40             victim pursuant to a contract  including,  but  not  limited  to,  an
41             insurance contract.
42        (2)  Unless  the  court  determines  that an order of restitution would be
43    inappropriate or undesirable, it shall order a defendant found guilty  of  any


 1    crime  which  results in an economic loss to the victim to make restitution to
 2    the victim.  An order of restitution shall be  a  separate  written  order  in
 3    addition  to any other sentence the court may impose, including incarceration,
 4    and may be complete, partial, or nominal. The court may also include  restitu-
 5    tion  as  a  term and condition of judgment of conviction; however, if a court
 6    orders restitution in the judgment of conviction and  in  a  separate  written
 7    order,  a  defendant  shall  not  be required to make restitution in an amount
 8    beyond that authorized by this chapter. Restitution shall be ordered  for  any
 9    economic  loss which the victim actually suffers. The existence of a policy of
10    insurance covering  the victim's loss shall not absolve the defendant  of  the
11    obligation to pay restitution.
12        (3)  If the court determines that restitution is inappropriate or undesir-
13    able  or  if only partial or nominal restitution is ordered, it shall enter an
14    order articulating the reasons therefor on the record.
15        (4)  If a separate written order of restitution is  issued,  an  order  of
16    restitution  shall  be for an amount certain and shall be due and owing at the
17    time of sentencing or at the date the amount  of  restitution  is  determined,
18    whichever  is later. An order of restitution may provide for interest from the
19    date of the economic loss or injury.
20        (5)  The court may order the defendant to pay restitution to the victim in
21    any case, regardless of whether the defendant is  incarcerated  or  placed  on
22    probation.  The court may order the defendant to pay all or a part of the res-
23    titution ordered to the court to be distributed by the court to the victims in
24    a manner the court deems just.
25        (6)  Restitution orders shall be entered by the court at the time of  sen-
26    tencing  or  such  later  date as deemed necessary by the court. Economic loss
27    shall be based upon the preponderance of evidence submitted to  the  court  by
28    the  prosecutor,  defendant,  victim  or  presentence investigator. Each party
29    shall have the right to present such evidence as may be relevant to the  issue
30    of restitution, and the court may consider such hearsay as may be contained in
31    the  presentence  report, victim impact statement or otherwise provided to the
32    court.
33        (7)  The court, in determining whether to order restitution and the amount
34    of such restitution, shall consider the amount of economic loss  sustained  by
35    the  victim  as  a  result  of the offense, the financial resources, needs and
36    earning ability of the defendant, and such other factors as  the  court  deems
37    appropriate.  The  immediate inability to pay restitution by a defendant shall
38    not be, in and of itself, a reason to not order restitution.
39        (8)  In determining restitution, where it appears that more than  one  (1)
40    person  is  responsible for a crime that results in economic loss to a victim,
41    and one  (1)  or more of the suspects or defendants are not  found,
42    apprehended,  charged,  convicted or ordered to pay restitution, the court may
43    require the remaining defendant or defendants, who are convicted of  or  plead
44    guilty  to  the  crime, to be jointly and severally responsible for the entire
45    economic loss to the victim.
46        (9)  The court may, with the consent of the parties, order restitution  to
47    victims,  and/or  any  other person or entity, for economic loss or injury for
48    crimes which are not adjudicated or are not before the court.
49        (10) A defendant, against whom a restitution order has been entered,  may,
50    within  forty-two  (42) days of the entry of the order of restitution, request
51    relief from the restitution order in accordance with the Idaho rules of  civil
52    procedure relating to relief from final orders.
53        (11) An  order  of  restitution shall not preclude the victim from seeking
54    any other legal remedy.
55        (12) Every presentence report shall include a full statement  of  economic


 1    loss suffered by the victim or victims of the defendant's crime or  crimes.
 2        (13) If  there  is  more  than one (1) victim, the restitution order shall
 3    provide that the directly injured victim(s) be fully compensated for  so  much
 4    of the loss caused by the defendant's criminal conduct which has not been paid
 5    by  a  third  party,  including  persons referred to in subsection (1)(e)(ii),
 6    (iii) and (iv) of this section.

 7        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 8    declared to exist, this act shall be in full force and effect on and after its
 9    passage and approval.

Statement of Purpose / Fiscal Impact

                         Statement of Purpose
                               RS 09178
  The bill amends Idaho Code 19-5304 by deleting language that limits who may be
  considered a victim for purposes of awarding restitution in criminal cases. The
  deletion would allow any person who directly suffers an economic loss or injury as a
  result of a crime to be considered a "victim" by the courts.
                             Fiscal Impact
  Contact: Connie Vietz
                 Idaho Prosecuting Attorneys Association
  Statement of Purpose/Fiscal Note
                                                              S 1253