05 HB172/AP
House
Bill 172 (AS PASSED HOUSE AND SENATE)
By:
Representatives Golick of the
34th,
Roberts of the
154th,
Ralston of the
7th,
Mumford of the
95th,
Miller of the
106th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact the "Crime Victims Restitution Act of 2005" so as to substantially revise
the laws of this state relating to the conduct of criminal trials and the impact
of the criminal justice system on victims of crime; to amend Article 5 of
Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to
tolling of limitations in civil cases, so as to provide for a statute of repose
in certain tort actions brought by victims of crimes against the persons accused
of such crimes; to amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to change the provisions relating to
victim impact statements; to codify certain common law procedures relating to
the collection of fines and restitution in criminal cases which authorize a fine
to be reduced to a judgment and recorded on the general execution docket; to
provide that actions to collect fines and restitution may be instituted; to
substantially revise the procedures for the award of restitution to victims of
crime; to provide for definitions; to provide for a hearing and burden of proof;
to provide procedures for certain transfers of property to be set aside; to
provide for a statute of limitations on a cause of action based upon a
fraudulent transfer; to amend Code Section 48-7-161 of the Official Code of
Georgia Annotated, relating to definitions relating to setoff debt collection,
so as to change the provisions relating to collection of restitution for victims
of crime; to provide for other matters relative to the foregoing; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Crime Victims Restitution Act of
2005."
SECTION
2.
Article
5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to
tolling of limitations of actions, is amended by inserting a new Code Section
9-3-99 to read as follows:
"9-3-99.
The
running of the period of limitations with respect to any cause of action in tort
that may be brought by the victim of an alleged crime which arises out of the
facts and circumstances relating to the commission of such alleged crime
committed in this state shall be tolled from the date of the commission of the
alleged crime or the act giving rise to such action in tort until the
prosecution of such crime or act has become final or otherwise terminated,
provided that such time does not exceed six
years."
SECTION
3.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by striking in its entirety Code Section 17-10-1.1, relating to judicial
consideration of victim impact statements, and inserting in lieu thereof the
following:
"17-10-1.1.
(a)(1)
A prosecuting attorney bringing charges against a defendant shall notify, where
practical, the alleged victim or, when the victim is no longer living, a member
of the
victiḿs
family of his or her right
under
certain circumstances to submit a victim
impact
statement
form:
(A)
Where the charge is a felony, if the defendant allegedly caused physical,
psychological, or, if restitution is sought, economic injury to the victim;
or
(B)
Where the charge is a misdemeanor, if the defendant allegedly caused serious
physical injury or death to the
victim.
(2)
A victim impact statement submitted by a victim shall be attached to the case
file and may be used by the prosecuting attorney or the judge during any stage
of the proceedings against the defendant involving predisposition, plea
bargaining, sentencing, or determination of restitution.
(b)(1)
A victim impact
statement
form
shall:
(1)
Identify
identify
the victim of the offense and the
perpetrator;.
(2)
A victim
impact form may itemize
Itemize
any economic loss suffered by the victim as a result of the
offense;
and
may:
(3)(A)
Identify any physical injury suffered by the victim as a result of the offense
along with its seriousness and permanence;
(4)(B)
Describe any change in the
victiḿs
personal welfare or familial relationships as a result of the offense;
and
(5)
Identify any request for psychological services initiated by the victim or the
victiḿs
family as a result of the offense; and
(6)(C)
Contain any other information related to the impact of the offense upon the
victim that
the court requires
or the
victiḿs
family that the victim wishes to
include.
(c)
The State
Board of Pardons and Paroles
Prosecuting
Attorneyś
Council of Georgia shall establish
a form
document which shall include the elements set forth
in
forms which
are designed to obtain the information specified
by subsection (b) of this Code
section. The
Prosecuting
Attorneyś
Council of Georgia
and
shall make copies of such form available to prosecuting attorneys in the state.
When
requested by the victim, the victim impact statement form document shall be
provided to the victim by the prosecuting attorney. The form shall include the
address of the State Board of Pardons and Paroles and contain a statement that
the victim must maintain a copy of his address with the State Board of Pardons
and Paroles and must notify the board of any change of
address
It shall be
the duty of the prosecuting attorney or his or her designee to make such forms
available to crime victims.
(d)
The victim may complete
the
a
victim impact
statement
form and submit such form to the appropriate prosecuting attorney charged with
the prosecution of the case. If the victim is unable to do so because of such
victiḿs
mental, emotional, or physical incapacity, or because of such
victiḿs
age, the
victiḿs
attorney or a family member may complete the victim impact
statement
form on behalf of the victim.
The
prosecuting attorney shall file any such written victim impact statement, if in
existence at that time, with the court.
(e)(1)
If, prior to trial, the defendant engages in discussion with the prosecuting
attorney for the purpose of reaching a plea agreement or other pretrial
disposition of his or her case, the prosecuting attorney shall, upon the request
of the defendant,
The court
shall, in the manner prescribed by rule of
court, provide the defendant with a copy
of the victim impact
statement
form relating
to the
defendant́s
case within a reasonable time prior to
any hearing
at which it is to be considered and allow the defendant to have the opportunity
to rebut the
victiḿs
written statements
such
discussions.
(2)
If the prosecuting attorney intends to present information from a victim impact
form to the court at any hearing at which sentencing or a determination of
restitution will be considered by the court, the prosecuting attorney shall
furnish a copy of the victim impact form to the defendant not less than five
days prior to any such hearing. The defendant shall have the right to rebut the
information contained in the victim impact form.
(3)
The court shall consider the victim impact form that is presented to the court
prior to imposing a sentence or making a determination as to the amount of
restitution.
(f)
If for any reason a victim was not allowed an opportunity to make a written
victim impact statement, the victim may submit a victim impact statement to the
State Board of Pardons and Paroles in any case prior to consideration of
parole.
(g)
No sentence shall be invalidated because of failure to comply with the
provisions of this Code section. This Code section shall not be construed to
create any cause of action or any right of appeal on behalf of any
person."
SECTION
4.
Said
title is further amended by adding a new Code Section 17-10-20 at the end of
Article 1, to read as follows:
"17-10-20.
(a)
In any case in which a fine or restitution is imposed as part of the sentence,
such fine and restitution shall constitute a judgment against the defendant.
Upon the request of the prosecuting attorney, it shall be the duty of the clerk
of the sentencing court to issue a writ of fieri facias thereon and enter it on
the general execution docket of the superior court of the county in which such
sentence was imposed. Such fieri facias may also be entered on the general
execution docket in any county in which the defendant owns real
property.
(b)
If, in imposing sentence, the court sets a time certain for such fine or
restitution to be paid in full, no execution shall issue upon the writ of fieri
facias against the property of the defendant until such time as the time set by
the court for payment of the fine or restitution shall have
expired.
(c)
If the fine or restitution is not paid in full, such judgment may be enforced by
instituting any procedure for execution upon the writ of fieri facias through
levy, foreclosure, garnishment, and all other actions provided for the
enforcement of judgments in the State of Georgia and in other states and foreign
nations where such judgment is afforded full faith and credit under the Uniform
Foreign Money Judgments Act or domestication thereof.
(d)
If the fine is not paid in full by the expiration of the time set by the court
for payment of the fine, the governing authority of the county or municipality
entitled to such fine may institute procedures to enforce such judgment as
provided by subsection (c) of this Code section.
(e)
If the restitution is not paid in full by the expiration of the time set by the
court for payment of the restitution, the prosecuting attorney or the victim
entitled to receive such restitution may institute procedures to enforce such
judgment as provided by subsection (c) of this Code section.
(f)
Notwithstanding the provisions of Code Section 9-12-60, a judgment entered on
the general execution docket pursuant to this Code section shall not become
dormant during any period when the defendant is incarcerated and for seven years
thereafter. Such judgment shall be subject to revival in the same manner as
provided for dormant judgments under Code Section 9-12-60.
(g)
No fees, costs, or other charges authorized by law in civil cases shall be
charged by a clerk of superior court for entering a judgment arising out of a
criminal case on the general execution docket or for any action brought by the
state to enforce such judgment.
(h)
The provisions of this Code section shall be supplemental to any other provision
of law applicable to the collection of fines or restitution in criminal
cases."
SECTION
5.
Said
title is further amended by striking Article 1 of Chapter 14, relating to
restitution, in its entirety and inserting in lieu thereof a new Article 1 to
read as follows:
"ARTICLE
1
17-14-1.
It
is declared to be the policy of this state that restitution to their victims by
those found guilty of crimes
or adjudicated
as having committed delinquent acts is a
primary concern of the criminal justice system
and the
juvenile justice system.
17-14-2.
As
used in this article, the term:
(1)
'Board'
means the State Board of Pardons and
Paroles.
'Conviction'
means an adjudication of guilt of or a plea of guilty or nolo contendere to the
commission of an offense against the laws of this state. Such term includes any
such conviction or plea, notwithstanding the fact that sentence was imposed
pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the
adjudication or plea of a juvenile to the commission of an act which, if
committed by an adult, would constitute a crime under the laws of this
state.
(2)
'Damages' means all
special
damages which a victim could recover against an offender in a civil action,
including a wrongful death action, based on the same act or acts for which the
offender is sentenced, except punitive damages and damages for pain and
suffering, mental anguish, or loss of consortium.
Such special
damages shall not be limited by any law which may cap economic damages. Special
damages may include the reasonably determined costs of transportation to and
from court proceedings related to the prosecution of the crime.
(3)
'Department' means the Department of Corrections.
(4)(3)
'Offender' means any natural
person, firm,
partnership, association, public or private corporation, or other legal
entity
who
that
has been
placed on
probation under Article 3 of Chapter 8 of Title 42
or sentenced for any crime or any juvenile
who has been adjudged delinquent
or
unruly.
(5)(4)
'Ordering authority' means
the:
(A)
A court of competent
jurisdiction,;
(B)
The
the
State Board of Pardons and
Paroles,;
(C)
The
the
Department of
Corrections,
or;
(D)
The Department of Juvenile Justice; or
(E)
Any
any
combination thereof, as is required by the context.
(5)
'Parent' means a person who is the legal mother as defined in paragraph (10.2)
of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code
Section 15-11-2, or the legal guardian. Such term shall not include a foster
parent.
(6)
'Relief' means
any
suspended or probated sentence, including probation imposed under Article 3 of
Chapter 8 of Title 42; any parole or other
conditional release from incarceration; the awarding of earned time allowances;
reduction in security status; or placement in prison rehabilitation programs,
including, but not limited to, those in which the offender receives monetary
compensation.
(7)
'Restitution' means any property, lump sum, or periodic payment ordered to be
made by any offender
or other
person to any victim by any ordering
authority. Where the victim is a public corporation or governmental entity or
where the offender is a juvenile, restitution may also be in the form of
services ordered to be performed by the offender.
(8)
'Restitution order' means any order, decree, or judgment of an ordering
authority which requires an offender to make restitution
as a
condition or term of any relief granted to an
offender.
(9)
'Victim' means
any:
(A)
Natural
natural
person or his
or
her personal representative
or, if the
victim is deceased, his or her estate; or
(B)
Any
any
firm, partnership, association, public or private corporation, or governmental
entity
suffering
damages caused by an
offendeŕs
unlawful act;
provided, however, that the term 'victim' shall not include any person who is
concerned in the commission of such unlawful act as defined in Code Section
16-2-20.
17-14-3.
(a)
Subject to the provisions of Code Section 17-14-10, notwithstanding the
provisions contained in Chapter 11 of Title 15, and in addition to any other
penalty imposed by law, a
The
judge of any court of competent jurisdiction
may
shall
order
that
an
adult
offender
to
make
full
restitution
as a
condition of any relief ordered by the court. The board may order that an adult
offender make restitution as a condition of any relief ordered by the board. The
department may order that an adult offender make restitution as a condition of
any relief ordered by the department
to any
victim.
(b)
If the offender is placed on probation, including probation imposed pursuant to
Chapter 11 of Title 15 or Article 3 of Chapter 8 of Title 42, or sentence is
suspended, deferred, or withheld, restitution ordered under this Code section
shall be a condition of that probation, sentence, or order.
(c)
If the offender is granted relief by the Department of Juvenile Justice,
Department of Corrections, or the State Board of Pardons and Paroles, the terms
of any court order requiring the offender to make restitution to a victim shall
be a condition of such relief in addition to any other terms or conditions which
may apply to such relief.
17-14-4.
Notwithstanding
any provision of Code Section 42-9-45 to the contrary, the
board
State Board of
Pardons and Paroles may grant parole prior
to the completion of one-third of the sentence if restitution is ordered as a
condition of the parole.
17-14-5.
(a)
The
juvenile courts are expressly directed to consider the strong policy of this
state in favor of restitution but are not required to place the goal of
restitution by juveniles above the goal of rehabilitation or treatment of
delinquent or unruly juveniles. It
is,
however, declared to be the policy of this
state to recognize that
the goal
of restitution is consistent with the goal
of rehabilitation of delinquent
or
unruly juveniles and
to
seek to provide restitution in such
cases.
(b)
Notwithstanding
any provision of Chapter 11 of Title 15,
the
The
juvenile courts
are
expressly authorized to order restitution as a condition or limitation of the
probation of
shall order
restitution in any case involving
delinquent
or
unruly juveniles in the same manner as is
authorized by this article for adult offenders.
(c)
For purposes of ensuring compliance with the
restitution
order, the juvenile courts are authorized to retain jurisdiction over a juvenile
subject to
a
to
such restitution order
for a
reasonable period after the juvenile reaches the age of
majority
until the
juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of
such offender as provided in this Code section and the terms of the restitution
order are not completed before the
offendeŕs
twenty-first birthday, the juvenile court shall transfer the restitution order
to the superior court.
(d)
As an alternative to subsection (c) of this Code section, the juvenile courts
are authorized to transfer to the superior courts, and the superior courts are
authorized to accept, jurisdiction over enforcement of restitution orders
against juveniles who, since entry of the order, have attained
the age of
majority
18 years of
age.
(e)
If the court determines that a juvenile is or will be unable to pay all of the
restitution ordered, after notice to the
juvenilés
parent or parents and an opportunity for the parent or parents to be heard, the
court may order the parent or parents to pay any portion of the restitution
ordered that is outstanding where the court or a jury finds by clear and
convincing evidence that the parent or parents knew or should have known of the
juvenilés
propensity to commit such acts and the acts are due to the
parent́s
or
parentś
negligence or reckless disregard for the
juvenilés
propensity to commit such acts. Upon the eighteenth birthday of the juvenile,
the parental obligation to pay restitution shall be terminated.
(f)
If the court orders a parent to pay restitution under subsection (e) of this
Code section, the court shall take into account the considerations identified in
Code Section 17-14-10. If the parent or parents are required to pay restitution
under subsection (e) of this Code section, the court shall provide for payment
to be made in specified installments and within a specified period of
time.
17-14-6.
(a)
Where an offender has made total or partial restitution to a victim, the
ordering authority shall
consider
the fact of such restitution in considering any case within its
power
set off any
such amounts and reduce the amount payable to the victim.
(b)
The ordering authority shall not order restitution to be paid to a victim or
victiḿs
estate if the victim or
victiḿs
estate has received or is to receive full compensation for that loss from the
offender as a result of a civil proceeding.
(c)
Any amount paid to a victim or
victiḿs
estate under a restitution order shall reduce the amount payable to a victim or
a
victiḿs
estate by an award from the Georgia Crime Victims Compensation Board made prior
to or after a restitution order under this
article.
(d)
The ordering authority shall order restitution be paid to the Georgia Crime
Victims Compensation Board, other governmental entities, or to any individuals,
partnerships, corporations, associations, or other legal entities acting on
behalf of a governmental entity that have compensated the victim or the
victiḿs
estate for a loss incurred by the victim to the extent of the compensation paid
for that loss. The ordering authority shall also order restitution for the costs
of services provided to persons or entities that have provided services to the
victim as a result of the crime. Services that are subject to restitution under
this subsection include, but are not limited to, shelter, food, clothing, and
transportation. However, a restitution order shall require that all restitution
to a victim or
victiḿs
estate under the restitution order be made before any restitution to any other
person or entity under that restitution order is made.
(e)
In the event the ordering authority provides for a setoff or priority in terms
of payment of restitution, the ordering authority shall state on the record with
specificity the reasons for its action.
17-14-7.
(a)
Any offender may offer a restitution plan to the ordering authority. If a plan
is offered, it shall be the duty of the ordering authority to consider the
factors stated in Code Section 17-14-10 and to make the plan part of a
restitution order if acceptable to the ordering authority.
(b)
If the parties have not agreed on the amount of restitution prior to sentencing,
the ordering authority shall set a date for a hearing to determine restitution.
Any dispute as to the proper amount or type of restitution shall be resolved by
the ordering authority 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 shall be on the state. The burden of demonstrating the financial
resources of the offender or person being ordered to pay restitution and the
financial needs of his or her dependents shall be on the offender or person
being ordered to pay restitution. The burden of demonstrating such other matters
as the ordering authority deems appropriate shall be upon the party designated
by the ordering authority as justice requires.
(c)
If the ordering authority finds that more than one offender has contributed to
the loss of a victim, the court may make each offender liable for payment of the
full amount of restitution or may apportion liability among the offenders to
reflect the level of contribution to the
victiḿs
loss and economic circumstances of each offender.
(d)
If the ordering authority finds that more than one victim has sustained a loss
requiring restitution by an offender, the court may provide for a different
payment schedule for each victim based on the type and amount of each
victiḿs
loss and accounting for the economic circumstances of each victim. In any case
in which the state or any of its political subdivisions is a victim and thus is
due restitution, the ordering authority shall ensure that any other victim
receives full restitution before the state or a political subdivision receives
restitution.
(e)
A victim may waive his or her right to obtain restitution pursuant to this
chapter. Any such waiver shall be made in writing and filed with the court or
ordering authority having jurisdiction over the criminal case. Such waiver shall
not affect any other rights or remedies that the victim may have against the
offender under the laws of this state or the United States or any of the several
states.
17-14-8.
(a)
In deciding any case subject to this article, before granting any relief the
ordering authority shall make a written finding either:
(1)
That there are no victims to whom restitution should be made under the policy of
this state;
(2)
That the circumstances of the case are such that no restitution order or plan is
reasonably possible;
(3)
That the offender, in cooperation with the ordering authority, has developed and
consented to a plan of restitution, which plan shall be made a part of a
restitution order; or
(4)
That restitution will be ordered as a condition of the relief.
(b)
The failure to make a finding as required by this Code section, however, shall
not invalidate any order or other action of the ordering authority.
(a)
In any case in which a court sentences an offender to pay restitution and a
fine, if the court permits the offender to pay such restitution and fine in
other than a lump sum, the clerk of any superior court of this state, probation
officer or parole officer, or other official who receives such partial payments
shall apply not less than one-half of each payment to the restitution before
paying any portion of such fine or any forfeitures, costs, fees, or surcharges
provided for by law to any agency, department, commission, committee, authority,
board, or bureau of state or local government.
(b)
The clerk of any court of this state, probation officer or parole officer, or
other official who receives partial payments for restitution shall pay the
restitution amount to the victim as provided in the restitution order not later
than the last day of each month, provided that the amount exceeds $100.00. If
the amount does not exceed $100.00, the clerk of any court of this state,
probation officer or parole officer, or other official may allow the amount of
restitution to accumulate until such time as it exceeds $100.00 or until the end
of the next calendar quarter, whichever occurs first.
17-14-9.
The
amount of restitution ordered
may be
equal to or less than, but not more than,
shall not
exceed the
victiḿs
damages.
17-14-10.
(a)
In determining the nature and amount of restitution, the ordering authority
shall consider:
(1)
The
present
financial
condition
resources and
other assets of the offender
and his
dependents
or person
ordered to pay restitution including whether any of the assets are jointly
controlled;
(2)
The
probable
future earning capacity of the offender and his
dependents
earnings and
other income of the offender or person ordered to pay
restitution;
(3)
Any financial obligations of the offender or person ordered to pay restitution,
including obligations to dependents;
(3)(4)
The amount of damages;
(4)(5)
The goal of restitution to the victim and the goal of rehabilitation of the
offender;
(5)(6)
Any restitution previously made;
(6)(7)
The period of time during which the restitution order will be in effect;
and
(7)(8)
Other
appropriate
factors which the ordering authority deems to be appropriate.
(b)
If, subsequent to restitution being ordered pursuant to this article, a victim
is convicted of a crime for which restitution is ordered, the ordering authority
shall consider the previously ordered restitution as part of the financial
resources of such victim.
17-14-11.
An
order for restitution shall not bar any civil action against the offender.
However, any payments made by an offender to a victim under an order for
restitution may be a setoff against any judgment awarded to the victim in a
civil action based on the same facts for which restitution was ordered. The fact
of restitution or a restitution order under this article shall not be placed
before the jury on the issue of liability. If the amount of restitution made is
in dispute and liability is established, the court shall order further
appropriate proceedings to determine the amount of setoff.
17-14-12.
The
ordering authority shall retain jurisdiction to modify a restitution order at
any time before the expiration of the relief ordered.
17-14-13.
(a)
A restitution order shall be enforceable as is a civil judgment by execution
as provided in
Code Section 17-10-20.
(b)
If an offender
or other
person ordered to pay restitution
willfully refuses to comply with a restitution order, the order, in the
discretion of the court, may be enforced by attachment for contempt, upon the
application of the prosecuting attorney or the victim.
(c)
Failure to comply with a restitution order may, in the discretion of the
ordering authority, be grounds to revoke or cancel the relief at any time the
restitution order is in effect. Where the relief is earned time allowances, the
department
Department of
Corrections may suspend the offender from
earning earned time allowances for a specified period of time.
(d)
When an inmate offender has been ordered to make restitution for any damage to
state property caused by such offender, the department may order the seizure of
all moneys in or coming into the monetary account of the inmate
offender.
17-14-14.
(a)
Payments pursuant to an order for restitution shall be made to the clerk of the
court or to any other person, for the benefit of the victim or victims, as the
ordering authority shall order.
(b)
In each case in which payment of restitution is ordered as a condition of
probation or parole, the ordering authority may require any employed offender to
execute a wage assignment to pay the restitution.
(c)
Until such time as the restitution has been paid or the sentence has been
completed, the clerk of court or the probation or parole officer assigned to the
case, whoever is responsible for collecting restitution, shall review the case
not less frequently than twice yearly to ensure that restitution is being paid
as ordered. If the restitution was ordered to be made within a specific period
of time, the case shall be reviewed at the end of the specific period of time to
determine if the restitution has been paid in full. The final review shall be
conducted before the sentence or probationary or parole period expires. If it is
determined at any review that restitution is not being paid as ordered, a
written report of the violation shall be filed with the court on a form
prescribed by the Council of Superior Court Clerks of Georgia.
(d)
If the ordering authority permits the offender to pay restitution in other than
a lump sum, the ordering authority may require the offender to pay interest on
the amount of restitution due the victim or the
victiḿs
estate. Such interest shall be set at the same rate as is provided by Code
Section 7-4-12 for judgments.
17-14-15.
(a)
Nothing in this article shall authorize peonage; and this article shall be
construed and diligently administered to prevent peonage.
(b)
No offender shall be denied any benefit, relief, or privilege to which he
or
she might otherwise be entitled or
eligible solely because he
or
she is financially unable and cannot
become financially able to make restitution.
17-14-16.
This
article shall not be construed to limit or abrogate any power of any court,
agency, or board to place other conditions, limits, terms, rules, or regulations
on any relief in the nature of suspension of sentence, probation, parole,
pardon, or restoration of rights.
If an offender
who is ordered to pay restitution under this article is remanded to the
jurisdiction of the Department of Corrections or the Department of Juvenile
Justice, the court shall provide a copy of the restitution order to such
department when the offender is remanded to such
department́s
jurisdiction.
17-14-17.
(a)
For purposes of this Code section only, the term:
(1)
'Conviction' means a finding or verdict of guilty or a plea of guilty,
regardless of whether an appeal of the conviction has been sought.
(2)
'Victim' means any natural person against whom a crime specified in Chapter 7 or
8 of Title 16 has been committed.
(b)
Notwithstanding the provisions of Code Section 17-14-3, the judge of any court
of competent jurisdiction shall order that an adult offender, upon a conviction
of any crime specified in Chapter 7 or 8 of Title 16, make restitution to any
victim as a condition of any relief ordered by the court.
(c)
The amount of restitution ordered shall be equal to the unreimbursed or
uncompensated portion of the
victiḿs
damages.
(d)
For purposes of this Code section only, the court is not required to make any
written findings in accordance with Code Section 17-14-8 when ordering
restitution; provided, however, that a court may order a restitution plan in
accordance with the provisions of Code Sections 17-14-7 and
17-14-10.
(e)
The provisions of Code Sections 17-14-11 through 17-14-16 shall apply to any
restitution orders issued in accordance with this Code section.
(a)
The state or the victim of a crime may institute an action against an offender
pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform Fraudulent
Transfers Act,' to set aside a transfer of real, personal, or other property
made voluntarily by the offender on or after the date of the crime committed by
the offender against the victim with the intent to:
(1)
Conceal the crime or the fruits of the crime;
(2)
Hinder, delay, or defraud any victim; or
(3)
Avoid the payment of restitution.
(b)
Any such action shall be filed within four years of the date the crime was
committed.
17-14-18.
If
a person or entity entitled to restitution cannot be located or refuses to claim
such restitution within two years after the date on which he or she could have
claimed such restitution, the restitution paid to such person or entity shall be
deposited in the Crime Victims Emergency Fund created pursuant to Chapter 15 of
Title 17 or its successor fund. However, a person or entity entitled to such
restitution may claim such restitution any time within five years of the date on
which he or she could have claimed such restitution by applying in writing to
Georgia Crime Victims Compensation Board. Upon receipt of such application and
verification that the person making the claim is in fact entitled to such
restitution, the Georgia Crime Victims Compensation Board shall pay such
restitution to the person or entity.
17-14-19.
This
article shall not be construed to limit or abrogate any power of any court,
agency, or board to place other conditions, limits, terms, rules, or regulations
on any relief in the nature of suspension of sentence, probation, parole,
pardon, or restoration of
rights."
SECTION
6.
Said
title is further amended by striking subsection (b) of Code Section 17-15-5,
relating to the filing of victim compensation claims, and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b)
A claim must be filed by the claimant not later than one year after the
occurrence of the crime upon which such claim is based or not later than one
year after the death of the victim; provided, however, that, upon good cause
shown, the board may extend that time for filing for a period not exceeding
two
three
years after such occurrence. Claims shall be filed in the office of the board in
person or by
mail."
SECTION
7.
Code
Section 48-7-161 of the Official Code of Georgia Annotated, relating to
definitions regarding setoff debt collection, is amended by striking
subparagraphs (E) and (F) of paragraph (1) and inserting in lieu thereof new
subparagraphs (E), (F), (G), and (H) to read as follows:
"(E)
The Department of Labor with respect to the collection of debts arising under
Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with
the exception of Code Sections 34-8-158 through 34-8-161; provided, however,
that the Department of Labor establishes that the debtor has been afforded
required due process rights by such Department of Labor with respect to the debt
and all reasonable collection efforts have been exhausted;
and
(F)
The Department of Corrections with respect to probation fees arising under Code
Section 42-8-34 and restitution or reparation ordered by a court as a part of
the sentence imposed on a person convicted of a crime
and placed
on probation by the court if such person has absconded or ended probation in
warrant status.
who is in the
legal custody of the department;
(G)
The State Board of Pardons and Paroles with respect to restitution imposed on a
person convicted of a crime and subject to the jurisdiction of the board;
and
(H)
The Department of Juvenile Justice with respect to restitution imposed on a
juvenile for a delinquent act which would constitute a crime if committed by an
adult."
SECTION
8.
This
Act shall become effective on July 1, 2005.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.