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S1015................................................by JUDICIARY AND RULES
CRIME VICTIM COMPENSATION - Amends existing law relating to crime victim
compensation to clarify that the Crime Victim's Compensation Account is
entitled to restitution for payments made to or on behalf of a directly
insured victim as a result of a defendant's criminal conduct.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/23 Rpt out - rec d/p - to 2nd rdg
01/24 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
02/01 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Bell, Edmunson, Labrador, Lake, Wood(35)
Floor Sponsor - LeFavour
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed - Sp signed
03/09 To Governor
03/13 Governor signed
Session Law Chapter 62
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1015
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIME VICTIM COMPENSATION; AMENDING SECTION 19-5304, IDAHO CODE,
3 TO CLARIFY THAT THE CRIME VICTIMS' COMPENSATION ACCOUNT IS ENTITLED TO
4 RESTITUTION FOR PAYMENTS MADE TO OR ON BEHALF OF A DIRECTLY INJURED VICTIM
5 AS A RESULT OF A DEFENDANT'S CRIMINAL CONDUCT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-5304, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-5304. RESTITUTION FOR CRIME VICTIMS -- ORDERS TO BE SEPARATE -- WHEN
10 RESTITUTION IS NOT APPROPRIATE -- OTHER REMEDIES -- EVIDENTIARY HEARINGS --
11 DEFINITIONS. (1) As used in this chapter:
12 (a) "Economic loss" includes, but is not limited to, the value of prop-
13 erty taken, destroyed, broken, or otherwise harmed, lost wages, and direct
14 out-of-pocket losses or expenses, such as medical expenses resulting from
15 the criminal conduct, but does not include less tangible damage such as
16 pain and suffering, wrongful death or emotional distress.
17 (b) "Found guilty of any crime" shall mean a finding by a court that a
18 defendant has committed a criminal act and shall include an entry of a
19 plea of guilty, an order withholding judgment, suspending sentence, or
20 entry of judgment of conviction for a misdemeanor or felony.
21 (c) "Value" shall be as defined in section 18-2402(11), Idaho Code.
22 (d) "Property" shall be as defined in section 18-2402(8), Idaho Code.
23 (e) "Victim" shall mean:
24 (i) The directly injured victim which means a person or entity, 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 to or on behalf of a directly injured victim pursuant
38 to the requirements of Idaho law as a result of the defendant's crim-
39 inal conduct;
40 (iv) A person or entity who suffers economic loss because such per-
41 son or entity has made payments to or on behalf of a directly injured
42 victim pursuant to a contract including, but not limited to, an
43 insurance contract.
2
1 (2) Unless the court determines that an order of restitution would be
2 inappropriate or undesirable, it shall order a defendant found guilty of any
3 crime which results in an economic loss to the victim to make restitution to
4 the victim. An order of restitution shall be a separate written order in
5 addition to any other sentence the court may impose, including incarceration,
6 and may be complete, partial, or nominal. The court may also include restitu-
7 tion as a term and condition of judgment of conviction; however, if a court
8 orders restitution in the judgment of conviction and in a separate written
9 order, a defendant shall not be required to make restitution in an amount
10 beyond that authorized by this chapter. Restitution shall be ordered for any
11 economic loss which the victim actually suffers. The existence of a policy of
12 insurance covering the victim's loss shall not absolve the defendant of the
13 obligation to pay restitution.
14 (3) If the court determines that restitution is inappropriate or undesir-
15 able or if only partial or nominal restitution is ordered, it shall enter an
16 order articulating the reasons therefor on the record.
17 (4) If a separate written order of restitution is issued, an order of
18 restitution shall be for an amount certain and shall be due and owing at the
19 time of sentencing or at the date the amount of restitution is determined,
20 whichever is later. An order of restitution may provide for interest from the
21 date of the economic loss or injury.
22 (5) The court may order the defendant to pay restitution to the victim in
23 any case, regardless of whether the defendant is incarcerated or placed on
24 probation. The court may order the defendant to pay all or a part of the res-
25 titution ordered to the court to be distributed by the court to the victims in
26 a manner the court deems just.
27 (6) Restitution orders shall be entered by the court at the time of sen-
28 tencing or such later date as deemed necessary by the court. Economic loss
29 shall be based upon the preponderance of evidence submitted to the court by
30 the prosecutor, defendant, victim or presentence investigator. Each party
31 shall have the right to present such evidence as may be relevant to the issue
32 of restitution, and the court may consider such hearsay as may be contained in
33 the presentence report, victim impact statement or otherwise provided to the
34 court.
35 (7) The court, in determining whether to order restitution and the amount
36 of such restitution, shall consider the amount of economic loss sustained by
37 the victim as a result of the offense, the financial resources, needs and
38 earning ability of the defendant, and such other factors as the court deems
39 appropriate. The immediate inability to pay restitution by a defendant shall
40 not be, in and of itself, a reason to not order restitution.
41 (8) In determining restitution, where it appears that more than one (1)
42 person is responsible for a crime that results in economic loss to a victim,
43 and one (1) or more of the suspects or defendants are not found, apprehended,
44 charged, convicted or ordered to pay restitution, the court may require the
45 remaining defendant or defendants, who are convicted of or plead guilty to the
46 crime, to be jointly and severally responsible for the entire economic loss to
47 the victim.
48 (9) The court may, with the consent of the parties, order restitution to
49 victims, and/or any other person or entity, for economic loss or injury for
50 crimes which are not adjudicated or are not before the court.
51 (10) A defendant, against whom a restitution order has been entered, may,
52 within forty-two (42) days of the entry of the order of restitution, request
53 relief from the restitution order in accordance with the Idaho rules of civil
54 procedure relating to relief from final orders.
55 (11) An order of restitution shall not preclude the victim from seeking
3
1 any other legal remedy.
2 (12) Every presentence report shall include a full statement of economic
3 loss suffered by the victim or victims of the defendant's crime or crimes.
4 (13) If there is more than one (1) victim, the restitution order shall
5 provide that the directly injured victim(s) be fully compensated for so much
6 of the loss caused by the defendant's criminal conduct which has not been paid
7 by a third party, including persons referred to in subsection (1)(e)(ii),
8 (iii) and (iv) of this section.
STATEMENT OF PURPOSE
RS 16475
The amendment will clarify that the Crime Victims'
Compensation account is entitled to restitution for payments made
for medical and forensic sexual assault exams as well as all
other payments made to or on behalf of victims' of crimes.
FISCAL NOTE
This amendment reduces the need to seek additional funding
authority to pay for sexual assault exams in the future.
Contact
Name: George Gutierrez, Industrial Commission
Phone: 208-334-6070
STATEMENT OF PURPOSE/FISCAL NOTE S 1015