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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1371 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO RESTITUTION; AMENDING SECTION 19-5304, IDAHO CODE, TO PROVIDE FOR 3 RESTITUTION IN CERTAIN CASES WHERE A PERSON HAS BEEN FOUND GUILTY OF LEAV- 4 ING THE SCENE OF AN ACCIDENT RESULTING IN INJURY OR DEATH. 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: 8 19-5304. RESTITUTION FOR CRIME VICTIMS -- ORDERS TO BE SEPARATE -- WHEN 9 RESTITUTION IS NOT APPROPRIATE -- OTHER REMEDIES -- EVIDENTIARY HEARINGS -- 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 2 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 3 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
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"
incidents.
Contact
Name: Bill von Tagen
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE S 1371