2008 Legislation
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SENATE BILL NO. 1371<br /> – Crime victim, certain, restitution


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Bill Status

S1371................................................by JUDICIARY AND RULES
CRIME VICTIMS - Amends existing law to provide for restitution in certain
cases where a person has been found guilty of leaving the scene of an
accident resulting in injury or death.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bilyeu, Burkett, Heinrich, Hill
    Floor Sponsor - Lodge
    Title apvd - to House
02/18    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 61-0-9
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Bock, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Roberts, Ruchti,
      Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
      Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills,
      Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Black, Block, Raybould, Ringo, Schaefer,
      Shirley, Trail, Wood(35)
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/17    Governor signed
         Session Law Chapter 152
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1371

                              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, who
 24             suffers economic loss or injury as  the  result  of  the  defendant's
 25             criminal  conduct  and  shall  also include the immediate family of a
 26             minor and the immediate family  of  the  actual  victim  in  homicide
 27             cases;
 28             (ii)  Any  health care provider who has provided medical treatment to
 29             a directly injured victim if such treatment is for an injury  result-
 30             ing  from  the  defendant's  criminal  conduct,  and who has not been
 31             otherwise compensated for such treatment by the directly injured vic-
 32             tim or the immediate family of the directly injured victim;
 33             (iii) The account established pursuant to the crime victims compensa-
 34             tion act, chapter 10, title 72, Idaho Code, from  which  payment  was
 35             made  to  or  on  behalf of a directly injured victim pursuant to the
 36             requirements of Idaho law as a result  of  the  defendant's  criminal
 37             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, apprehended,
 42    charged, convicted or ordered to pay restitution, the court  may  require  the
 43    remaining defendant or defendants, who are convicted of or plead guilty to the
 44    crime, to be jointly and severally responsible for the entire economic loss to
 45    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        (14) When  a  person  is  found guilty of violating section 18-8007, Idaho
  8    Code, the court, in addition to any other sentence imposed, may order the per-
  9    son to pay to any victim an amount of  money  equal  to  the  amount  of  that
 10    victim's  economic  loss caused by the person as a result of the incident that
 11    created the duties as provided in section 18-8007, Idaho Code.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 17684
  The purpose of the amendment to Idaho Code, section 19-5304,
  is to expand the nature and scope of Idaho's restitution
  statute to include economic loss suffered in an injury
  accident, where one of the parties involved in that accident
  leaves the scene of the accident in violation of the duties
  set forth in Idaho Code, section 18-8007.  The amendment
  addresses the statutory deficiency identified in State v.
  Shafer, 144 Idaho 370, 161 P.3d 689 (Ct. App. 2007), that
  precludes courts from imposing restitution on drivers
  involved in "hit and run" accidents where the resulting
  damage comes from the underlying accident and not the act of
  leaving the scene.

                        FISCAL NOTE

  This legislation would have a positive effect on the Crime
  Victims Compensation Program administered by the Idaho
  Industrial Commission.  Presently, the Program makes
  payments to victims of "hit and run" collisions.  While the
  Program is required to make payments to victims, it has no
  mechanism to obtain restitution or reimbursement from the
  individuals who are convicted in these "hit and run"
  Name: Bill von Tagen
  Phone: 334-4140
  STATEMENT OF PURPOSE/FISCAL NOTE                     S 1371