Enrolled HB 357: Relating to restitution; and providing for an effective date.
00Enrolled HB 357 01 Relating to restitution; and providing for an effective date. 02 _______________ 03 * Section 1. AS 12.55.045(a) is amended to read: 04 (a) The court shall, when presented with credible evidence, unless the 05 victim or other person expressly declines restitution, [MAY] order a defendant 06 convicted of an offense to make restitution as provided in this section, including 07 restitution to the victim or other person injured by the offense, to a public, private, or 08 private nonprofit organization that has provided or is or will be providing counseling, 09 medical, or shelter services to the victim or other person injured by the offense, or as 10 otherwise authorized by law. The court shall, when presented with credible 11 evidence, unless the victim expressly declines restitution, [MAY] also order a 12 defendant convicted of an offense to compensate a victim that is a nonprofit 13 organization for the value of labor or goods provided by volunteers if the labor or 14 goods were necessary to alleviate or mitigate the effects of the defendant's crime. In 15 determining the amount and method of payment of restitution or compensation, the
01 court shall take into account the 02 (1) public policy that favors requiring criminals to compensate for 03 damages and injury to their victims; and 04 (2) financial burden placed on the victim and those who provide 05 services to the victim and other persons injured by the offense as a result of the 06 criminal conduct of the defendant. 07 * Sec. 2. AS 12.55.045(d) is amended to read: 08 (d) In any case, including a case in which the defendant is convicted of a 09 violation of AS 11.46.120 - 11.46.150 and the property is commercial fishing gear as 10 defined in AS 16.43.990, the court shall consider the victim's loss, and the [MAY] 11 order of restitution [THAT] may include compensation for loss of income. 12 * Sec. 3. AS 12.55.045(g) is amended to read: 13 (g) The [EXCEPT AS PROVIDED BY (f) OF THIS SECTION, THE] court 14 may not, in ordering the amount of restitution, consider the defendant's ability to pay 15 restitution. 16 * Sec. 4. AS 12.55.045 is amended by adding a new subsection to read: 17 (n) Notwithstanding another provision of law, the court shall accept (1) 18 payments of restitution from a defendant at any time, and (2) prepayments of 19 restitution or payments in anticipation of an order of restitution. If the recipient has 20 elected to have the Department of Law collect the judgment of restitution under 21 AS 12.55.051(g), the court shall forward all payments of restitution to the Department 22 of Law within five days after the court's acceptance. 23 * Sec. 5. AS 12.55.051(c) is amended to read: 24 (c) A defendant who has been sentenced to pay a fine or restitution may 25 request a hearing regarding the defendant's ability to pay the fine or restitution at any 26 time that the defendant is required to pay all or a portion of the fine or restitution. The 27 court may deny the request if it has previously considered the defendant's ability to 28 pay and the defendant's request does not allege changed circumstances. If, at a 29 hearing under this subsection, the defendant proves by a preponderance of the 30 evidence that the defendant will be unable through good faith efforts to satisfy the 31 order requiring payment of the fine or restitution, the court shall modify the order so
01 that the defendant can pay the fine or restitution through good faith efforts. The court 02 may reduce the fine [OR RESTITUTION] ordered, change the payment schedule, or 03 otherwise modify the order. The court may not reduce an order of restitution but 04 may change the payment schedule. 05 * Sec. 6. AS 47.12.160 is amended by adding a new subsection to read: 06 (f) Notwithstanding another provision of law, the court shall accept (1) 07 payments of restitution from a minor and the minor's parent at any time, and (2) 08 prepayments of restitution or payments in anticipation of an order of restitution. If the 09 recipient has elected to have the Department of Law collect the judgment of restitution 10 under AS 12.55.051(g), the court shall forward all payments of restitution to the 11 Department of Law within five days after the court's acceptance. 12 * Sec. 7. AS 12.55.045(e) and 12.55.045(f) are repealed. 13 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).