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HB 286: "An Act relating to victim restitution and compensation."

00 HOUSE BILL NO. 286 01 "An Act relating to victim restitution and compensation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.045(a) is amended to read: 04 (a) The court shall, when presented with credible evidence, unless the victim 05 or other person expressly declines restitution, order a defendant convicted of an 06 offense to make restitution as provided in this section, including restitution to the 07 victim or other person injured by the offense, to a public, private, or private nonprofit 08 organization that has provided or is or will be providing counseling, medical, or 09 shelter services to the victim or other person injured by the offense, or as otherwise 10 authorized by law. Restitution to a victim or other person injured by the offense 11 includes compensation for the value of lost income, necessary child care, elder 12 care, transportation, and other expenses incurred during the victim's or other 13 person's participation in the investigation or prosecution of the offense or 14 attendance at court proceedings related to the offense. The court shall, when 15 presented with credible evidence, unless the victim expressly declines restitution, also

01 order a defendant convicted of an offense to compensate a victim that is a nonprofit 02 organization for the value of labor or goods provided by volunteers if the labor or 03 goods were necessary to alleviate or mitigate the effects of the defendant's crime. In 04 determining the amount and method of payment of restitution or compensation, the 05 court shall take into account the 06 (1) public policy that favors requiring criminals to compensate for 07 damages and injury [, INCLUDING LOSS OF INCOME,] to their victims; and 08 (2) financial burden placed on the victim and those who provide 09 services to the victim and other persons injured by the offense as a result of the 10 criminal conduct of the defendant. 11 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. AS 12.55.045(a), as amended by sec. 1 of this Act, applies to an 14 order of restitution for an offense committed on or after the effective date of this Act.