HB 357: "An Act relating to restitution; and providing for an effective date."

00 HOUSE BILL NO. 357 01 "An Act relating to restitution; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.045(a) is amended to read: 04 (a) The court shall [MAY] order a defendant convicted of an offense to make 05 restitution as provided in this section, including restitution to the victim or other 06 person injured by the offense, to a public, private, or private nonprofit organization 07 that has provided or is or will be providing counseling, medical, or shelter services to 08 the victim or other person injured by the offense, or as otherwise authorized by law. 09 The court shall [MAY] also order a defendant convicted of an offense to compensate a 10 victim that is a nonprofit organization for the value of labor or goods provided by 11 volunteers if the labor or goods were necessary to alleviate or mitigate the effects of 12 the defendant's crime. In determining the amount and method of payment of 13 restitution or compensation, the court shall take into account the 14 (1) public policy that favors requiring criminals to compensate for 15 damages and injury to their victims; and

01 (2) financial burden placed on the victim and those who provide 02 services to the victim and other persons injured by the offense as a result of the 03 criminal conduct of the defendant. 04 * Sec. 2. AS 12.55.045(d) is amended to read: 05 (d) In any case, including a case in which the defendant is convicted of a 06 violation of AS 11.46.120 - 11.46.150 and the property is commercial fishing gear as 07 defined in AS 16.43.990, the court shall consider the victim's loss, and the [MAY] 08 order of restitution [THAT] may include compensation for loss of income. 09 * Sec. 3. AS 12.55.045(g)is amended to read: 10 (g) The [EXCEPT AS PROVIDED BY (f) OF THIS SECTION, THE] court 11 may not, in ordering the amount of restitution, consider the defendant's ability to pay 12 restitution. 13 * Sec. 4. AS 12.55.051(c) is amended to read: 14 (c) A defendant who has been sentenced to pay a fine [OR RESTITUTION] 15 may request a hearing regarding the defendant's ability to pay the fine [OR 16 RESTITUTION] at any time that the defendant is required to pay all or a portion of 17 the fine [OR RESTITUTION]. The court may deny the request if it has previously 18 considered the defendant's ability to pay and the defendant's request does not allege 19 changed circumstances. If at a hearing under this subsection, the defendant proves by a 20 preponderance of the evidence that the defendant will be unable through good faith 21 efforts to satisfy the order requiring payment of the fine [OR RESTITUTION], the 22 court shall modify the order so that the defendant can pay the fine [OR 23 RESTITUTION] through good faith efforts. The court may reduce the fine [OR 24 RESTITUTION] ordered, change the payment schedule, or otherwise modify the 25 order. 26 * Sec. 5. AS 12.55.045(e) and (f) are repealed. 27 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).