HF 1955

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime victims; enacting reparation article 
  1.3             of the uniform victims of crime act; proposing coding 
  1.4             for new law as Minnesota Statutes, chapter 611B. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6                              ARTICLE 1 
  1.7                          GENERAL PROVISIONS 
  1.8      Section 1.  [611B.101] [DEFINITIONS.] 
  1.9      In this act: 
  1.10     (1) "Crime" means an act or omission committed by a person, 
  1.11  whether or not competent or an adult, which, if committed by a 
  1.12  competent adult, is punishable by incarceration. 
  1.13     (2) "Member of the victim's family" means the spouse, a 
  1.14  child by birth or adoption, a stepchild, a parent, a stepparent, 
  1.15  a sibling, a relative, or an individual designated by the victim 
  1.16  or by a court in which the crime is being or could be 
  1.17  prosecuted, but does not include an individual who is 
  1.18  accountable for the crime or a crime arising from the same 
  1.19  conduct, criminal episode, or plan.  "Relative" includes members 
  1.20  of a child's extended family and important friends with whom the 
  1.21  child has resided or had significant contact. 
  1.22     (3) "Person" means an individual, corporation, business 
  1.23  trust, estate, trust, partnership, association, joint venture, 
  1.24  government, governmental subdivision, agency, or 
  1.25  instrumentality, or any other legal or commercial entity. 
  2.1      (4) "Representative of the victim" means a member of the 
  2.2   victim's family or an individual designated by the victim or by 
  2.3   a court in which the crime is being or could be prosecuted. 
  2.4      (5) "State" means a state of the United States, the 
  2.5   District of Columbia, the Commonwealth of Puerto Rico, or any 
  2.6   territory or insular possession subject to the jurisdiction of 
  2.7   the United States. 
  2.8      (6) "Victim" means a person against whom a crime has been 
  2.9   committed, but does not include a person who is accountable for 
  2.10  the crime or a crime arising from the same conduct, criminal 
  2.11  episode, or plan and does not include a government or a 
  2.12  governmental subdivision, agency, or instrumentality. 
  2.13     Sec. 2.  [611B.102] [COMPLIANCE WITH ACT.] 
  2.14     (a) Consistent with the duty to represent the interests of 
  2.15  the public as a whole, a prosecutor shall enforce compliance 
  2.16  with this act on behalf of victims and members of victims' 
  2.17  families. 
  2.18     (b) Failure to comply with this act does not create a claim 
  2.19  for damages against a government employee, official, or entity. 
  2.20                             ARTICLE 2 
  2.21                             REPARATION 
  2.22     Section 1.  [611B.201] [DETERMINATION OF ECONOMIC LOSS 
  2.23  CAUSED BY CRIME.] 
  2.24     (a) If the court imposes a criminal penalty or disposition, 
  2.25  the court may make a determination of economic loss caused to a 
  2.26  person by the crime, including: 
  2.27     (1) reasonable expenses related to medical care, including 
  2.28  prosthetic or auditory devices; ophthalmic care, including eye 
  2.29  glasses; dental care, including orthodontic or other therapeutic 
  2.30  devices; mental health care; and rehabilitation; 
  2.31     (2) loss of income; 
  2.32     (3) expenses reasonably incurred in obtaining ordinary and 
  2.33  necessary services instead of those the victim, if not injured, 
  2.34  would have performed, not for income but for the benefit of the 
  2.35  victim or a member of the victim's family; 
  2.36     (4) loss of care and support; 
  3.1      (5) reasonable expenses related to funeral and burial or 
  3.2   crematory services; and 
  3.3      (6) the cost of replacing or repairing property. 
  3.4      (b) The court may make its determination upon an agreement 
  3.5   of the defendant or upon a preponderance of evidence from the 
  3.6   court's records, the presentence investigation, affidavits, and 
  3.7   such testimony and documentary evidence as the court deems 
  3.8   necessary, including a judgment granting relief in a civil 
  3.9   action. 
  3.10     Sec. 2.  [611B.202] [ORDER FOR PAYMENT AND RETURN OF 
  3.11  PROPERTY.] 
  3.12     (a) The court may determine the defendant's ability to 
  3.13  return property and to pay the remainder of the economic loss 
  3.14  determined under section 611B.201 and may order the defendant to:
  3.15     (1) return property; 
  3.16     (2) pay monetary restitution in a lump sum or in 
  3.17  installments; and 
  3.18     (3) pay up to one-third of prison earnings. 
  3.19     (b) In determining the amount and method of payment, the 
  3.20  court shall consider the financial resources and future ability 
  3.21  of the defendant to pay. 
  3.22     (c) The court may make the order a condition of probation, 
  3.23  supervised release, work release, or other conditional release. 
  3.24     (d) The court may include in its order an amount the 
  3.25  defendant in a plea agreement agrees to pay, even if the charge 
  3.26  is dismissed under the terms of the plea agreement. 
  3.27     (e) The sentencing court has continuing jurisdiction over 
  3.28  the defendant for purposes of ordering payment not to exceed the 
  3.29  amount determined under section 611B.201.  The sentencing court 
  3.30  at any time may modify the order for payment in accordance with 
  3.31  the defendant's ability to pay. 
  3.32     Sec. 3.  [611B.203] [JUDGMENT AGAINST DEFENDANT.] 
  3.33     (a) The court may enter an order of restitution against the 
  3.34  defendant for the amount determined under section 611B.202. 
  3.35     (b) The order of restitution may be enforced by the state 
  3.36  or a beneficiary of the order in the same manner as a judgment 
  4.1   for money in a civil action. 
  4.2      (c) If more than one defendant is convicted of the crime 
  4.3   for which there is an order under this section, the defendants 
  4.4   are jointly and severally liable for the order unless the court 
  4.5   determines otherwise. 
  4.6      (d) An order under this section may be discharged by a 
  4.7   settlement between the defendant and the beneficiary of the 
  4.8   order. 
  4.9      Sec. 4.  [611B.204] [SUPERVISION OF PAYMENT.] 
  4.10     (a) An order for payment under section 611B.202 may require 
  4.11  payment to the court administrator, who shall supervise payment 
  4.12  and disbursement. 
  4.13     (b) The department of corrections shall schedule payments 
  4.14  as ordered by the court under section 611B.202 from the 
  4.15  defendant's prison earnings of up to one-third until the order 
  4.16  is satisfied. 
  4.17     Sec. 5.  [611B.205] [RECIPIENTS OF PAYMENT.] 
  4.18     (a) The court shall direct that any payment be distributed 
  4.19  first to the victim compensation fund to the extent the fund has 
  4.20  paid compensation and any remainder to the beneficiary. 
  4.21     (b) The court may order the defendant to make payment to an 
  4.22  individual who has assumed responsibility for paying a portion 
  4.23  of a victim's economic loss. 
  4.24     (c) The court shall determine priority among multiple 
  4.25  beneficiaries on the basis of the seriousness of harm each 
  4.26  suffered, their other resources, and other equitable factors. 
  4.27     Sec. 6.  [611B.206] [UNCLAIMED PAYMENTS.] 
  4.28     A payment under this article not claimed within three years 
  4.29  after the date of payment must be transferred to the victim 
  4.30  compensation fund. 
  4.31     Sec. 7.  [611B.207] [CIVIL ACTION BY VICTIM.] 
  4.32     (a) An order for payment under section 611B.202 or an order 
  4.33  under section 611B.203 does not bar a remedy available in a 
  4.34  civil action under other law. 
  4.35     (b) A payment under this article must be credited against a 
  4.36  money judgment obtained by the beneficiary of the payment in a 
  5.1   civil action. 
  5.2      (c) A determination under section 611B.201 and the fact 
  5.3   that payment was or was not ordered or made are not admissible 
  5.4   in evidence in a civil action and do not affect the merits of 
  5.5   the civil action. 
  5.6                              ARTICLE 3 
  5.7                            MISCELLANEOUS 
  5.8      Section 1.  [611B.301] [UNIFORMITY OF APPLICATION AND 
  5.9   CONSTRUCTION.] 
  5.10     This act shall be applied and construed to effectuate its 
  5.11  general purpose to make uniform the law with respect to the 
  5.12  subject of this act among states enacting it. 
  5.13     Sec. 2.  [611B.302] [SHORT TITLE.] 
  5.14     This act may be cited as the "reparation article of the 
  5.15  uniform victims of crime act." 
  5.16     Sec. 3.  [611B.303] [SEVERABILITY CLAUSE.] 
  5.17     If any provision of this act or its application to any 
  5.18  person or circumstance is held invalid, the invalidity does not 
  5.19  affect other provisions or applications of this act which can be 
  5.20  given effect without the invalid provision or application, and 
  5.21  to this end the provisions of this act are severable. 
  5.22                             ARTICLE 4 
  5.23       CRIME VICTIM AND WITNESS ADVISORY COUNCIL INSTRUCTION 
  5.24     Section 1.  [INSTRUCTION TO CRIME VICTIM AND WITNESS 
  5.25  ADVISORY COUNCIL.] 
  5.26     On or before January 1, 1996, the crime victim and witness 
  5.27  advisory council shall present to the chair of the committee on 
  5.28  judiciary in the house and the chair of the crime prevention 
  5.29  committee in the senate, a report summarizing statutes 
  5.30  inconsistent with the reparation article of the uniform victims 
  5.31  of crime act.  The report shall be in the form of a bill and 
  5.32  identify and amend (1) cross-references, and (2) statutes which 
  5.33  require amendment or repeal in order to implement the purpose of 
  5.34  the act. 
  5.35     Sec. 2.  [EFFECTIVE DATE.] 
  5.36     This act is effective August 1, 1996.