H. B. 2692
(By Delegates Givens and Ennis)
[Introduced February 9, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article eleven-a,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to authorizing
a court to order a defendant to contribute either monetarily
or through hours of service to a local crime victim's
assistance program which meets certain requirements.
Be it enacted by the Legislature of West Virginia:
That section four, article eleven-a, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-4. Restitution; when ordered.
(a) The court, when sentencing a defendant convicted of a
felony or misdemeanor causing physical, psychological or economic
injury or loss to a victim, shall order, in addition to or in lieu of any other penalty authorized by law, that the defendant
make restitution to any victim of the offense, unless the court
finds restitution to be wholly or partially impractical as set
forth in this article.
If the court does not order restitution, or orders only
partial restitution, under this section, the court shall state on
the record the reasons therefor.
(b) The order shall require that such the defendant:
(1) In the case of an offense resulting in damage to, loss
of, or destruction of property of a victim of the offense:
(A) Return the property to the owner of the property or
someone designated by the owner; or
(B) If return of the property under subparagraph (A) is
impossible, impractical or inadequate, pay an amount equal to the
greater of: (i) The value of the property on the date of
sentencing; or (ii) the value of the property on the date of the
damage, loss or destruction less the value (as of the date the
property is returned) of any part of the property that is
returned;
(2) In the case of an offense resulting in bodily injury to
a victim:
(A) Pay an amount equal to the cost of necessary medical and
related professional services and devices relating to physical,
psychiatric and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing
recognized by the law of the place of treatment;
(B) Pay an amount equal to the cost of necessary physical
and occupational therapy and rehabilitation; and
(C) Reimburse the victim for income lost by such the victim
as a result of such the offense;
(3) In the case of an offense resulting in bodily injury
that also results in the death of a victim, pay an amount equal
to the cost of necessary funeral and related services; and
(4) In any case, if the victim (or if the victim is
deceased, the victim's estate) consents, or if payment is
impossible or impractical, make restitution in services in lieu
of money, or make restitution to a person or organization
designated by the victim or the estate.
(c) If the court decides to order restitution under this
section, the court shall, if the victim is deceased, order that
the restitution be made to the victim's estate.
(d) The court shall impose an order of restitution to the
extent that such the order is as fair as possible to the victim
and the imposition of such the order will not unduly complicate
or prolong the sentencing process.
(e) The court shall not impose restitution with respect to
a loss for which the victim has received or is to receive
compensation, except that the court may, in the interest of justice, order restitution to any person who has compensated the
victim for such loss to the extent that such the person paid the
compensation. An order of restitution shall require that all
restitution to victims under such the order be made before any
restitution to any other person under such the order is made.
(f) The court may require that such defendant make
restitution under this section within a specified period or in
specified installments. The end of such the period or the last
such installment shall not be later than: (i) The end of the
period of probation, if probation is ordered; (ii) five years
after the end of the term of imprisonment imposed, if the court
does not order probation; and (iii) five years after the date of
sentencing in any other case.
If not otherwise provided by the court under this
subsection, restitution shall be made immediately.
(g) If such the defendant is placed on probation or paroled
under this article, any restitution ordered under this section
shall be a condition of such the probation or parole unless the
court or parole board finds restitution to be wholly or partially
impractical as set forth in this article.
The court may revoke probation and the parole board may
revoke parole if the defendant fails to comply with such the
order. In determining whether to revoke probation or parole, the
court or parole board shall consider the defendant's employment status, earning ability, financial resources, the willfulness of
the defendant's failure to pay, and any other special
circumstances that may have a bearing on the defendant's ability
to pay.
(h) An order of restitution may be enforced by the state or
a victim named in the order to receive the restitution in the
same manner as a judgment in a civil action.
(i) Notwithstanding any provision of this section to the
contrary, the court may order, in addition to or in lieu of
restitution, a defendant to contribute either monetarily or
through hours of service to a local crime victim's assistance
program which meets the following requirements:
(1) The program is approved by a circuit judge presiding in
that judicial district; and
(2) The program is a nonprofit organization certified as a
corporation in this state, and is governed by board of directors.
NOTE: The purpose of this bill is authorize courts to order
defendants to contribute monetarily or through hours of service,
to local victim's crime assistance programs which meet certain
requirements.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.