Senate Bill No. 80
(By Senators Mitchell and Ross)
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[Introduced January 9, 2002; 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 victims'
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 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 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 must 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 the 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 the 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 the period or the last such installment shall may 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 the 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 the 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 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 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.