2024 -- S 2115 SUBSTITUTE A | |
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LC003499/SUB 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 | |
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Introduced By: Senators Murray, Pearson, Tikoian, LaMountain, Quezada, McKenney, | |
Date Introduced: January 12, 2024 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-28-5.1 of the General Laws in Chapter 12-28 entitled "Victim’s |
2 | Rights" is hereby amended to read as follows: |
3 | 12-28-5.1. Restitution. |
4 | When the court orders a defendant to make financial restitution to the victim of a crime of |
5 | which the defendant has been convicted or to which the defendant has pleaded guilty or nolo |
6 | contendere, a civil judgment shall automatically be entered by the trial court against the defendant |
7 | on behalf of the victim for that amount. If payment is not made by the defendant within the period |
8 | set by the court, the civil judgment for the amount of the restitution ordered, plus interest at the |
9 | statutory amount from the date of the offense, plus costs of suit, including reasonable attorney’s |
10 | fees, shall be enforceable by any and all means presently available in law for the collection of |
11 | delinquent judgments in civil cases generally. Any initial filing fees and service of process costs |
12 | associated with enforcing a civil judgement pursuant to this section shall be waived. Subsequent |
13 | filing fees and service of process costs may be waived at the discretion of the court. |
14 | SECTION 2. This act shall take effect upon passage. |
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LC003499/SUB A | |
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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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1 | This act would amend the current requirement of payment of an initial filing fee and service |
2 | of process costs when the victim of a crime is still owed restitution at the expiration of the criminal |
3 | case and the victim seeks to enforce the civil judgment entered at the time of the criminal |
4 | disposition and would allow a waiver of subsequent filing fees and service costs, at the discretion |
5 | of the court. |
6 | This act would take effect upon passage. |
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