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2003 SESSION

031702627
HOUSE BILL NO. 2008
Offered January 8, 2003
Prefiled January 7, 2003
A BILL to amend and reenact §§ 19.2-305 and 19.2-305.1 of the Code of Virginia, relating to restitution, community service, probation.
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Patron-- Bell
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 19.2-305 and 19.2-305.1 of the Code of Virginia are amended and reenacted as follows:

§ 19.2-305. Requiring fines, costs, restitution for damages, support or community service from probationer.

A. While on probation the defendant may be required to pay in one 1 or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. Any such failure to pay shall automatically extend the probation period until the fine or costs are paid in full or until the defendant is released from his obligation by order of the court. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.

B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services service. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services. The failure of the defendant to make such restitution or reparation payments, or to make such support payments, or to perform such community service at the prescribed time or times may be deemed a breach of such probation. Any failure to make such restitution or reparation payments, or to make such support payments or to perform such community service shall automatically extend the probation period until all payments are made and community service performed or until the defendant is released from his obligation by order of the court.

§ 19.2-305.1. Restitution for property damage or loss; community service.

A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, except the provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2, on or after July 1, 1977, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make makes at least partial restitution for such property damage or loss, or shall be compelled to perform performs community services service, or both, or shall submit submits a plan for doing that which appears to the court to be feasible under the circumstances.

A1 B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 except the provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for actual any medical or funeral expenses incurred by the victim or his estate as a result of the crime, may be compelled to perform community services service and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.

B C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.

C D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.

D E. Unreasonable failure to execute the restitution plan or nonpayment of any court-ordered restitution by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken. Any failure to pay such restitution shall automatically extend the probation period until the restitution is paid in full or the community service is performed or until the defendant is released from his obligation by order of the court.

E F. If restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims. The administrator shall reserve a sum sufficient in the Fund from which he shall make prompt payment to the victim for any proper claims. Before making the deposit he shall record the name, last known address and amount of restitution due each victim appearing from the clerk's report to be entitled to restitution.