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2005 SESSION

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SB 695 Restitution; provision for paying interest.

Introduced by: W. Roscoe Reynolds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Criminal procedure; when interest is paid on an award of restitution. Provides that interest on an award of restitution runs from the date of the loss or damage unless the court specifically orders interest to run from a different date.  This bill is identical to HB 2006.

SUMMARY AS PASSED SENATE:

Criminal Procedure; when interest is paid on an award of restitution. Provides that interest on an award of restitution runs from the date of the sentencing order unless the court, in its discretion, orders that no interest accrue or orders interest to run from the date of the loss or damage. Currently, interest is not mandated and, if ordered, it runs from the date of the loss or damage, and in many cases it is difficult to ascertain when the loss or damage occurred. Payments received are credited first to costs, then fines, then restitution, and then to interest accrued on restitution.

SUMMARY AS INTRODUCED:

Criminal Procedure; when interest is paid on an award of restitution. Provides that interest on an award of restitution runs from the date of the sentencing order unless the court, in its discretion, orders that no interest accrue or orders interest to run from the date of the loss or damage. Currently, interest is not mandated and, if ordered, it runs from the date of the loss or damage, and in many cases it is difficult to ascertain when the loss or damage occurred.