sb82 intr

Senate Bill No. 82
(By Senators Mitchell, Ross and Hunter)
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[Introduced February 15, 2001; referred to the Committee on the Judiciary.]
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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 courts to order convicted defendants to contribute money or service to local crime victim's assistance programs.

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; money or service contribution to local victim's assistance program.

(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. In addition to restitution, the court, at sentencing, may order the convicted defendant to contribute money or hours of service to a local crime victim's assistance program. 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 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

(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 order is as fair as possible to the victim and the imposition of such 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 person paid the compensation. An order of restitution shall require that all restitution to victims under such order be made before any restitution to any other person under such order is made.

(f) The court may require that such defendant make restitution under this section, and monetary or service contribution to a local victim assistance program if applicable, within a specified period or in specified installments. The end of such 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 and any contribution ordered shall be made immediately.

(g) If such defendant is placed on probation or paroled under this article, any restitution or victim assistance program contribution ordered under this section shall be a condition of such probation or parole unless the court or parole board finds restitution or contribution 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 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 or provide service.

(h) An order of restitution or contribution to a victim assistance program may be enforced by the state or a victim or organization named in the order to receive the restitution or contribution in the same manner as a judgment in a civil action.

NOTE: This bill authorizes courts to order defendants convicted of crimes causing injury or loss to victims to also order, at the courts' discretion, monetary or service contributions to local crime victim's assistance programs.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.