Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 110-H.F.No. 645 
           An act relating to crimes; specifying the effect of 
          and the procedure for issuing an order of restitution; 
          amending Minnesota Statutes 1984, section 611A.04, 
          subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 611A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 611A.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
restitution may be enforced by any person named in the order to 
receive the restitution in the same manner as a judgment in a 
civil action.  An order of restitution shall be docketed as a 
civil judgment by the clerk of the district court in the county 
in which the order of restitution was entered.  A decision for 
or against restitution in any criminal or juvenile proceeding is 
not a bar to any civil action by the victim or by the state 
pursuant to section 611A.61 against the offender.  The offender 
shall be given credit, in any order for judgment in favor of a 
victim in a civil action, for any restitution paid to the victim 
for the same injuries for which the judgment is awarded.  
    Sec. 2.  [611A.045] [PROCEDURE FOR ISSUING ORDER OF 
RESTITUTION.] 
    Subdivision 1.  [CRITERIA.] The court, in determining 
whether to order restitution and the amount of the restitution, 
shall consider the amount of the economic loss sustained by the 
victim as a result of the offense. 
    Subd. 2.  [PRESENTENCE INVESTIGATION.] The court may order 
that the presentence investigation report made pursuant to 
section 609.115, subdivision 1, contain information pertaining 
to the factors set forth in subdivision 1. 
    Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN.] A dispute as to 
the proper amount or type of restitution must be resolved by the 
court by the preponderance of the evidence.  The burden of 
demonstrating the amount of the loss sustained by a victim as a 
result of the offense and the appropriateness of a particular 
type of restitution is on the prosecution. 
    Approved May 10, 1985