2024 -- S 2115 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS

     

     Introduced By: Senators Murray, Pearson, Tikoian, LaMountain, Quezada, McKenney,
Euer, Mack, and Miller

     Date Introduced: January 12, 2024

     Referred To: Senate Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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

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Rights" is hereby amended to read as follows:

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     12-28-5.1. Restitution.

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

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

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

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

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

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

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

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delinquent judgments in civil cases generally. Any initial filing fees and service of process costs

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

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filing fees and service of process costs may be waived at the discretion of the court.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS

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     This act would amend the current requirement of payment of an initial filing fee and service

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of process costs when the victim of a crime is still owed restitution at the expiration of the criminal

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case and the victim seeks to enforce the civil judgment entered at the time of the criminal

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disposition and would allow a waiver of subsequent filing fees and service costs, at the discretion

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of the court.

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     This act would take effect upon passage.

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