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05 LC 28 2094-EC

House Bill 172

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

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 such fines may be brought by prosecuting attorneys; to substantially revise the procedures for the award of restitution to victims of crime; to provide procedures for certain transfers of property to be set aside; to provide for the rights of bona fide purchasers for value of certain property that may be subject to set aside proceeding; 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.

Unless otherwise provided by law, if a criminal prosecution is brought by the state for a violation of Title 16 of this Code, then the running of the period of limitations with respect to any cause of action in tort which may be brought by the victim of such violation based upon any matter alleged in the indictment, special presentment, or accusation shall be suspended during the pendency of the prosecution, provided that such time does not exceed five years."

SECTION 3.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking paragraph (2) of subsection (a) of Code Section 17-10-1.1, relating to judicial consideration of victim impact statements, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) A victim When a victim impact statement has been submitted to the prosecuting attorney by a victim, it 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. Prior to any judicial proceeding at which the court will consider disposition of the case or imposition of sentence, the prosecuting attorney shall file the victim impact statement with the court and the court shall consider such victim impact statement prior to imposing sentence."

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. 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, the prosecuting attorney of the sentencing court shall be authorized to proceed to enforce the unpaid portion of such judgment 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) 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.

(e) 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.

(f) 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 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.

(1.1) '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 damages which a victim could recover against an offender in a civil action, including, but not limited to, a wrongful death action or action for tort, 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 damages may include, but not be limited to:

(A) Loss of income;

(B) The reasonably determined cost of medical and related professional services and devices actually incurred and reasonably expected to be incurred relating to physical and psychological care;

(C) The reasonably determined cost of physical and occupational therapy and rehabilitation actually incurred and reasonably expected to be incurred;

(D) The cost of actual funeral and burial or crematory services;

(E) The reasonably determined costs of transportation to and from court proceedings related to the prosecution of the crime;

(F) The reasonably determined costs of homemaking or child care, which is provided without compensation by a relative, friend, or any other person, in an amount equal to the costs that would reasonably be incurred as a result of the crime or the prosecution of such crime for that homemaking and child care based on the rates in the area for comparable services; and

(G) If the crime results in damage to or loss or destruction of property of a victim, reimbursement in an amount equal to the value of the lost or destroyed property or the cost of repairs of damaged property and all consequential expenses incurred by the victim, including loss of use, lost profits, loss of rental income, and transportation costs on the date of the damage, loss, or destruction or the date sentence is imposed, whichever is greater.

(3) 'Department' means the Department of Corrections.

(4) '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) 'Ordering authority' means the:

(A) A court of competent jurisdiction,;

(B) the The State Board of Pardons and Paroles,;

(D) The Department of Juvenile Justice; or

(E) any Any combination thereof, as is required by the context.

(5.1) 'Parent' means a biological or adoptive parent or legal guardian who has actual physical custody of a minor, but does 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 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 participant in the offendeŕs criminal activities.

17-14-3.

(a) Subject to the provisions of Code Section 17-14-10, notwithstanding any other provision of law to the contrary, 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) The court 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 court 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, an order of restitution shall require that all restitution to a victim or victiḿs estate under the order be made before any restitution to any other person or entity under that order is made.

(c) The court 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 and the court shall state on the record with specificity the reasons for its action.

(d) 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.

(e) 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 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) The Notwithstanding any other provision of law to the contrary, 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.

(d) As an alternative to subsection (c) of this Code section, the At any time after offenders who are subject to restitution orders imposed by juvenile courts reach 17 years of age, 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 such offenders; provided, however, that, if the juvenile court retains jurisdiction of such offender as provided in subsection (c) of 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.

(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 having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay restitution as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent or parents.

(f) If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the parent́s financial resources and the burden that the payment of restitution will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is 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.

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. Any amount paid to a victim or victiḿs estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victiḿs estate in any federal or state civil proceeding and 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 an order of restitution under this article.

17-14-7.

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.

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. Notwithstanding any law to the contrary, 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 failure to make a finding as required by this Code section, however, shall not invalidate any order or other action of the ordering authority 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 of the offender and his or her dependents;

(2) The probable future earning capacity of the offender and his or her dependents;

(3) The amount of damages;

(4) The goal of restitution to the victim and the goal of rehabilitation of the offender;

(5) Any restitution previously made;

(6) The period of time during which the restitution order will be in effect; and

(7) Other appropriate factors which the ordering authority deems to be appropriate.

(b) 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 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.

17-14-11.

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. In any such action brought by a victim against the offender, the offender shall be estopped from denying any matter relating to damages that is proved in the criminal proceeding. 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 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 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) The clerk of court or the probation or parole officer assigned to the case shall review the case not less 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 not less than 60 days 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 Administrative Office of the Courts. The report shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney.

(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 Code section is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall provide a copy of the order of restitution 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 The court may, after notice and hearing, set aside any transfer of an interest of the offender in any real, personal, or other property that was made or occurred on or after the date of the offendeŕs crime if the offender voluntarily made such transfer with intent to:

(1) Conceal the crime or the fruits of the crime;

(2) Hinder, delay, or defraud any victim;

(3) Avoid the payment of restitution; or

(4) Receive less than a reasonably equivalent value in exchange for such transfer.

(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 There shall be a rebuttable presumption that any transfer of property was made with the intent to hinder, delay, or defraud a victim if it occurs:

(1) Within six months prior to the offendeŕs arrest or indictment, whichever occurs first;

(2) During the pendency of the criminal or delinquency proceeding; or

(3) Within 30 days after the judgment of restitution becomes final.

(c)(1) The amount of restitution ordered shall be equal to the unreimbursed or uncompensated portion of the victiḿs damages As used in this subsection, the term:

(A) 'Interest holder' means a secured party within the meaning of Code Section 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in property.

(B) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.

(2) A transfer of an interest in real, personal, or other property shall not be set aside if the owner of such interest or interest holder establishes that the owner or interest holder:

(A) Is not legally accountable for the conduct of the offender, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur;

(B) Had not acquired and did not stand to acquire substantial proceeds from the conduct of the offender other than as an interest holder in an arḿs length commercial transaction;

(C) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with the offender;

(D) Does not hold the property for the benefit of or as nominee for the offender, and if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and

(E) Acquired the interest:

(i) Before the completion of the conduct of the offender and the offender did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or

(ii) After the completion of the conduct of the offender:

(I) As a bona fide purchaser for value without knowingly taking part in an illegal transaction;

(II) Before the filing of a lien on it; and

(III) At the time the interest was acquired, was reasonably without cause to believe that the property was subject or likely to become subject to judgment pursuant to this Code section.

(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 Any motion to set aside a transfer of property made pursuant to this Code section shall be served on the offender and any person in legal or actual possession of such property in the same manner as is provided for under paragraph (2) of subsection (i) of Code Section 16-13-49. A person in legal or actual possession of such property may interplead as to such motion. If a person interpleads to a motion to set aside a transfer of property, the claims of the interpleading party shall be heard by the court as a proceeding in quia timet pursuant to Article 3 of Chapter 3 of Title 23.

(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.

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 board shall pay such restitution to the person or entity.

17-14-19.

(a) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility.

(b) If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the court shall consider the previously ordered restitution as part of the financial resources of such victim.

17-14-20.

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.