2024 -- H 7800

========

LC005116

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS

     Introduced By: Representative Alex D. Marszalkowski

     Date Introduced: February 29, 2024

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-28-5.1 of the General Laws in Chapter 12-28 entitled "Victim’s

Rights" is hereby amended to read as follows:

     12-28-5.1. Restitution.

     When the court orders a defendant to make financial restitution to the victim of a crime of

which the defendant has been convicted or to which the defendant has pleaded guilty or nolo

contendere, a civil judgment shall automatically be entered by the trial court against the defendant

on behalf of the victim for that amount. If payment is not made by the defendant within the period

set by the court, the civil judgment for the amount of the restitution ordered, plus interest at the

statutory amount from the date of the offense, plus costs of suit, including reasonable attorney’s

fees, shall be enforceable by any and all means presently available in law for the collection of

delinquent judgments in civil cases generally. Filing fees and service of process costs associated

with enforcing a civil judgement pursuant to this section shall be waived. Subsequent filing fees

and service of process costs may be waived upon application to the court.

     SECTION 2. This act shall take effect upon passage.

========

LC005116

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS

***

     This act would waive the payment of filing fees and service of process costs when the

victim of a crime is still owed restitution at the expiration of a criminal case.

     This act would take effect upon passage.

========

LC005116

========

LC005116 - Page 2 of 2