This bill makes an order of restitution entered by a sentencing court into a final civil judgment at the time of entry, as discussed below. This bill also extends, from one year to two years, the time within which a victim of crime may file a claim with the criminal injuries compensation fund.
Under present law governing restitution as a condition of probation, upon expiration of the time of payment or a payment schedule, if any portion of restitution remains unpaid, then the victim or the victim's beneficiary may convert the unpaid balance into a civil judgment in accordance with the procedures set out in present law. This bill removes the provision for having to convert the balance into a civil judgment and instead provides that an order for restitution entered by the sentencing court will be a final civil judgment at the time of entry and will remain in effect from the date of entry until the restitution is paid in full or otherwise discharged. This bill requires that judgment orders in criminal dispositions involving restitution reflect this requirement. This bill provides that the clerk's office must apply the first moneys paid on a case toward restitution until restitution is paid in full and prior to the allocation of moneys toward any other obligations, notwithstanding any other law to the contrary (other present law provisions call for allocation of moneys paid to the court in the following priority: payment of litigation taxes and once litigation taxes have been paid, the next moneys are credited toward payment of costs; then additional moneys are credited toward payment of the fine).
ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 870, AS AMENDED.
AMENDMENT #1 rewrites the bill and revises present law provisions regarding collection of fines, costs, and litigation taxes and restitution, as follows:
(1) Present law generally provides that, unless discharged by payment or service of imprisonment in default of a fine, a fine in a criminal action may be collected in the same manner as a judgment in a civil action. The following is the allocation formula for moneys paid into court: the first moneys paid in any case must first be credited toward payment of litigation taxes and once litigation taxes have been paid, the next moneys must be credited toward payment of costs. Any additional moneys thereafter must be credited toward payment of the fine. This amendment revises such formula to provide that, in matters adjudicated on or after January 1, 2022, the first moneys paid in a case must first be credited toward the payment of restitution owed to the victim, if any. This amendment then implements the manner of allocation provided in present law following payment of restitution;
(2) Under present law, a sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation. In determining the amount and method of payment or other restitution, the court must consider the financial resources and future ability of the defendant to pay or perform. Under this amendment, the court will be authorized but not required to make such considerations; and
(3) This amendment extends, from one year to two years, the time within which a victim of a crime may file a claim with the criminal injuries compensation fund.
This bill as amended will take effect January 1, 2022.

Statutes affected:
Introduced: 40-35-304, 40-38-102, 28-3-110, 29-13-108(a), 29-13-108
Current Version: 40-35-304, 40-38-102, 28-3-110, 29-13-108(a), 29-13-108