HB0907112th GA (Historical)Introduced

Amends TCA Title 40.

Generally under present law, a sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation. The court: must specify the amount and time of payment or other restitution to the victim, at the time of the hearing; may permit payment or performance in installments; and may not establish a payment or performance schedule extending beyond the statutory maximum term of probation supervision that could have been imposed for the offense. Upon expiration of the time of payment or the 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. This bill adds authorization for a general sessions court, when sentencing a criminal defendant, to direct the defendant to make restitution to the victim of the offense as a condition of probation or enter an order of restitution awarding civil judgment of restitution to the victim of the offense. The victim may choose to receive restitution in: (1) The form of a civil judgment. If the victim chooses such option, the court must enter a civil order for restitution, if appropriate. The order may be enforced the same as any other judgment of a court in this state, and will be entitled to the full faith and credit in this state and any other state, will be a final judgment at the time of entry, and will remain in effect from the date of entry until the judgment is paid in full or otherwise discharged; or (2) Payments or performance by the defendant as a condition of probation. If the victim chooses such option and, upon expiration of the time of payment or the payment schedule imposed pursuant to present law, any portion of the restitution remains unpaid, then the victim or victim's beneficiary may convert the unpaid balance into a civil judgment pursuant to present law. Present law requires the court, when determining the amount and method of restitution, to consider the financial resources and future ability of the defendant to pay or perform. This bill makes this provision discretionary instead of mandatory.

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Overview

Generally under present law, a sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation. The court: must specify the amount and time of payment or other restitution to the victim, at the time of the hearing; may permit payment or performance in installments; and may not establish a payment or performance schedule extending beyond the statutory maximum term of probation supervision that could have been imposed for the offense. Upon expiration of the time of payment or the 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. This bill adds authorization for a general sessions court, when sentencing a criminal defendant, to direct the defendant to make restitution to the victim of the offense as a condition of probation or enter an order of restitution awarding civil judgment of restitution to the victim of the offense. The victim may choose to receive restitution in: (1) The form of a civil judgment. If the victim chooses such option, the court must enter a civil order for restitution, if appropriate. The order may be enforced the same as any other judgment of a court in this state, and will be entitled to the full faith and credit in this state and any other state, will be a final judgment at the time of entry, and will remain in effect from the date of entry until the judgment is paid in full or otherwise discharged; or (2) Payments or performance by the defendant as a condition of probation. If the victim chooses such option and, upon expiration of the time of payment or the payment schedule imposed pursuant to present law, any portion of the restitution remains unpaid, then the victim or victim's beneficiary may convert the unpaid balance into a civil judgment pursuant to present law. Present law requires the court, when determining the amount and method of restitution, to consider the financial resources and future ability of the defendant to pay or perform. This bill makes this provision discretionary instead of mandatory.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
121550582555

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