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S1207................................................by JUDICIARY AND RULES
RESTITUTION - Amends existing law relating to priority in restitution to
provide a correct code reference.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
02/06 House intro - 1st rdg - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Clark, Crow, Jones, Mitchell, Sali, Schaefer,
Mr. Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
03/01 To enrol
03/02 Rpt enrol - Pres signed
03/03 Sp signed
03/04 To Governor
03/05 Governor signed
Session Law Chapter 21
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1207
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO RESTITUTION PRIORITY; AMENDING SECTION 19-5302, IDAHO CODE, TO
3 PROVIDE A CORRECT CODE REFERENCE.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 19-5302, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 19-5302. VICTIMS OF CRIME -- RESTITUTION PRIORITY. If a district court or
8 a magistrate's division orders the defendant to pay restitution, the court
9 shall order the defendant to pay such restitution to the victim or victims
10 injured by the defendant's action. There shall be a full restitution to such
11 victim or victims before the court may order any payment be made by the
12 defendant to any governmental entity; provided, however, the court may order
13 the defendant to make the payments required in sections 20-225 and/or
14 20-614(47), Idaho Code, before any payment of restitution is made to the vic-
15 tim or victims.
STATEMENT OF PURPOSE
RS 13558
This bill amends Section 19-5302, Idaho Code, relating to victim
restitution, to correct an erroneous reference to another Idaho
Code section.Section 19-5302, Idaho Code, provides that any restitution
ordered for a crime victim shall have priority over any payment the
defendant is ordered to pay to a governmental entity, except the
court may order the defendant to make the payment required in Section
20-614(4), Idaho Code, before a restitution payment is made to the
victim. However, Section 20-614(4) does not require any payment to
a governmental entity.
It is 20-614(7) that requires a payment to a governmental entity, i.e.,
reimbursement of jail confinement costs, and the reference to 20-614(4)
should be corrected to read 20-614(7) for clarity.
FISCAL NOTE
This bill only makes a clerical change and will not impact state
general funds or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 1207