H. B. 2104


(By Delegate Louisos)
[Introduced February 14, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article three-f, relating to imposition of additional penalties in felony crimes against property for failure to make restitution; judicial discretion in applying the penalties; consideration by parole board; legislative findings.

Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article three-f, to read as follows:
Article 3F. Restitution.
§61-3F-1. Legislative findings.
The Legislature finds that it is the best interests of the state, victims of felony property crime, and those convicted of felony crimes against property to require that restitution to the victims be made by those convicted of perpetrating these crimes. Restitution eases the burdens of individuals victimized by property crimes; restores public trust in institutions, companies, businesses and governmental entities victimized by property crimes; and allows persons convicted of these crimes to repay those persons or entities most affected by the crimes.
In recognizing that the public welfare is well served by encouraging restitution for property crimes, the Legislature also finds that the judge of the circuit court imposing sentence upon a person convicted of a felony crime against property is in the best position to determine how restitution should be made, or whether to require restitution in certain instances. Therefore, the Legislature intends to allow broad judicial discretion in the application of restitution requirements.
§61-3F-2. Restitution required for felony crimes against property; judicial discretion allowed.
Any person convicted of a felony crime against property, the descriptions of which are outlined in articles three, three-a, three-c and three-d of this chapter, is required to pay restitution for the full amount of the moneys, property or other items, services or information stolen: Provided, That the sentencing judge may take into consideration the ability of the convicted person to pay, the nature of the crime, and any other factors he or she deems pertinent in requiring or structuring restitution which the court deems fair and just.
§61-3F-3. Penalty added for refusal to make restitution.
Any person convicted of a felony crime against property who refuses to make restitution as required by the sentencing court pursuant to section two of this article shall have seven years added to the maximum sentence for the crime of which he or she is convicted.
§61-3F-4. Consideration of restitution on eligibility for parole.
In considering the eligibility of any penitentiary prisoner for release on parole, in addition to those requirements placed on it by sections thirteen and thirteen-a, article twelve, chapter sixty-two of this code, the board of parole shall consider whether a person convicted of a felony crime against property has made restitution as required by the sentencing court pursuant to section two of this article. Evidence of restitution may be regarded by the board of parole as a positive factor for the granting of parole.
The board of parole may not grant parole to any person convicted of a felony crime against property who had not made the restitution which has been deemed fair and just by the sentencing court.



NOTE: The purpose of this bill is to require that any person convicted of a felony crime against property make restitution for the full amount of that stolen. The bill provides the circuit court judge discretion in assessing restitution. The bill requires seven years to be added onto maximum sentences for refusal to make restitution. The bill allows the board of parole to take restitution into consideration in granting or denying parole. The bill requires that parole be denied for those prisoners who have not made restitution.

This article is new; therefore, strike-throughs and underscoring have been omitted.