2004 Legislation
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SENATE BILL NO. 1207 – Restitution, priority, code cite


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Bill Status

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,
      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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                       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