2007 Legislation
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SENATE BILL NO. 1015 – Crime victim compensatn/restitution


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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.
  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
  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 / Fiscal Impact

                       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.

Name: George Gutierrez, Industrial Commission 
Phone: 208-334-6070

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1015