Maine LD 774: An Act To Assist Victims of Crime To Obtain Restitution

LD 774 (subjects: VICTIMS OF CRIME , RESTITUTION )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=774&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Barry Hobbins of Saco: (D – District 14) — e-mail | Twitter

0 Cosponsors:

Actions

Chamber

Action
3/10/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/11/2015 Senate On motion by Senator Burns of Washington, REFERRED to the Committee on Judiciary, in concurrence.
5/13/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-135)
Sent for concurrence. ORDERED SENT FORTHWITH.
5/14/2015 Senate Report READ and ACCEPTED, in concurrence.

READ ONCE.

Committee Amendment “A” (H-135) READ and ADOPTED, in concurrence.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-135), in concurrence.

Ordered sent down forthwith.
5/19/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/20/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 774 as originally introduced. L.D. 774 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-135) .

An Act To Assist Victims of Crime To Obtain Restitution

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 1330-C is enacted to read:

1330-C. Civil remedy upon default

An order to make restitution is deemed to be a money judgment and, upon default, is enforceable by the victim under the provisions of Title 14, chapter 502 if the following requirements have been met:

1. Notice. Prior to entry of the order to pay restitution, the court informed the defendant of the right to a judicial determination of the amount of restitution and the restitution hearing was held, or the defendant waived the hearing or stipulated the amount of restitution; and
2. Entry of order. After the court ordered payment of restitution, the clerk of the court entered the order to pay restitution in the same manner as a judgment in a civil action is entered.

SUMMARY

This bill provides a civil remedy for victims of crime when restitution has not been paid as ordered. The bill deems an order to make restitution a money judgement and sets requirements for the enforcement. Specifically, the bill requires that prior to entry of the order to pay restitution, the court informed the defendant of the right to a judicial determination of the amount of restitution and the restitution hearing was held, or the defendant waived the hearing or stipulated the amount of restitution and that after the court ordered payment of restitution, the clerk of the court entered the order to pay restitution in the same manner as a judgment in a civil action is entered.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 774 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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