The bill amends Section 12-28-5.1 of the General Laws in Chapter 12-28, which pertains to "Victim’s Rights," specifically regarding the enforcement of financial restitution by defendants to crime victims. The amendment stipulates that when a court orders a defendant to make financial restitution and the defendant fails to pay within the set period, a civil judgment is automatically entered against the defendant. This judgment includes the restitution amount, interest from the date of the offense, and costs of suit, including reasonable attorney’s fees. The bill introduces a new provision that waives any initial filing fees and service of process costs associated with enforcing such a civil judgment. Additionally, it allows for the possibility of waiving subsequent filing fees and service of process costs at the court's discretion.
The legislative explanation clarifies that the purpose of the act is to amend the current law regarding the payment of initial filing fees and service of process costs when a crime victim seeks to enforce a civil judgment for unpaid restitution after the conclusion of the criminal case. The amendment would permit these costs to be waived, which could alleviate some of the financial burden on victims seeking to collect restitution. The act is set to take effect immediately upon passage.
Statutes affected: 2115 SUB A: 12-28-5.1
2115: 12-28-5.1