Chapter 028

2013 -- H 5668

Enacted 05/24/13

A N A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

Introduced By: Representatives Craven, Mattiello, O`Neill, Lombardi, and Shekarchi

Date Introduced: February 27, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-19-34 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

12-19-34. Priority of restitution payments to victims of crime. -- (a) (1) If a person,

pursuant to sections 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make restitution in the form

of monetary payment the court may order that it shall be made through the administrative office

of state courts which shall record all payments and pay the money to the person injured in

accordance with the order or with any modification of the order; provided, in cases where court

ordered restitution totals less than two hundred dollars ($200) payment shall be made at the time

of sentencing if the court determines that the defendant has the present ability to make restitution.

      (2) Payments made on account when both restitution to a third-party is ordered, and

court costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed

by the administrative office of the state courts in the following priorities:

      (i) Upon determination of restitution, court ordered restitution payments shall be paid

first to person persons injured until such time as the court's restitution is fully satisfied; and

      (ii) Followed by the payment of court costs, fines, fees, and assessments related to

prosecution after the full payment of restitution.

      (3) Notwithstanding any other provision of law, any interest which has been accrued by

the restitution account in the central registry shall be deposited on a regular basis into the crime

victim compensation fund, established by chapter 25 of this title. In the event that the office of the

administrator of the state courts cannot locate the person or persons to whom restitution is to be

made, the principal of the restitution payment shall escheat to the state pursuant to the provisions

of chapter 8-12.

      (b) The state is authorized to develop rules and/or regulations relating to assessment,

collection, and disbursement of restitution payments when any of the following events occur:

      (1) The defendant is incarcerated or on home confinement but is able to pay some

portion of the restitution; or

      (2) The victim dies before restitution payments are completed.

      (c) The state may maintain a civil action to place a lien on the personal or real property

of a defendant who is assessed restitution, as well as to seek wage garnishment, consistent with

state and federal law.

SECTION 2. This act shall take effect upon passage.

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LC01624

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