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| 5 | 5 | | 2023 -- S 1014 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002516 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS |
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| 16 | 16 | | Introduced By: Senators Murray, Euer, LaMountain, Burke, and Raptakis |
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| 17 | 17 | | Date Introduced: May 15, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 12-28-5.1 of the General Laws in Chapter 12-28 entitled "Victim’s 1 |
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| 23 | 23 | | Rights" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 12-28-5.1. Restitution. 3 |
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| 25 | 25 | | When the court orders a defendant to make financial restitution to the victim of a crime of 4 |
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| 26 | 26 | | which the defendant has been convicted or to which the defendant has pleaded guilty or nolo 5 |
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| 27 | 27 | | contendere, a civil judgment shall automatically be entered by the trial court against the defendant 6 |
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| 28 | 28 | | on behalf of the victim for that amount. If payment is not made by the defendant within the period 7 |
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| 29 | 29 | | set by the court, the civil judgment for the amount of the restitution ordered, plus interest at the 8 |
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| 30 | 30 | | statutory amount from the date of the offense, plus costs of suit, including reasonable attorney’s 9 |
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| 31 | 31 | | fees, shall be enforceable by any and all means presently available in law for the collection of 10 |
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| 32 | 32 | | delinquent judgments in civil cases generally. Any initial filing fees and service of process costs 11 |
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| 33 | 33 | | associated with enforcing a civil judgement pursuant to this section shall be waived. Subsequent 12 |
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| 34 | 34 | | filing fees and service of process costs may be waived at the discretion of the court. 13 |
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| 35 | 35 | | SECTION 2. This act shall take effect upon passage. 14 |
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| 36 | 36 | | ======== |
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| 37 | 37 | | LC002516 |
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| 38 | 38 | | ======== |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LC002516 - Page 2 of 2 |
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| 42 | 42 | | EXPLANATION |
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| 43 | 43 | | BY THE LEGISLATIVE COUNCIL |
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| 44 | 44 | | OF |
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| 45 | 45 | | A N A C T |
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| 46 | 46 | | RELATING TO CRIMINAL PROCEDURE -- VICTIM'S RIGHTS |
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| 47 | 47 | | *** |
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| 48 | 48 | | This act would amend the current requirement of payment of an initial filing fee and service 1 |
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| 49 | 49 | | of process costs when the victim of a crime is still owed restitution at the expiration of the criminal 2 |
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| 50 | 50 | | case and the victim seeks to enforce the civil judgment entered at the time of disposition and would 3 |
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| 51 | 51 | | allow a waiver of subsequent filing fees and service costs at the discretion of the court. 4 |
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| 52 | 52 | | This act would take effect upon passage. 5 |
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| 53 | 53 | | ======== |
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| 54 | 54 | | LC002516 |
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