Citations Affected: IC 35-50.
Synopsis: Restitution as a condition of probation. Allows a court to
order restitution payments that are a condition of probation to be paid
to a probation department that must forward the restitution payments
to a victim, victim's family, or victim's estate.
Effective: July 1, 2004.
January 8, 2004, read first time and referred to Committee on Judiciary.
January 15, 2004, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-50-5-3, AS AMENDED BY P.L.88-2002,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) Except as provided in subsection (i), in
addition to any sentence imposed under this article for a felony or
misdemeanor, the court may, as a condition of probation or without
placing the person on probation, order the person to make restitution
to the victim of the crime, the victim's estate, or the family of a victim
who is deceased. The court shall base its restitution order upon a
(1) property damages of the victim incurred as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate);
(2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition;
the circuit court judgment docket in the manner prescribed by
IC 33-17-2-3. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar a civil action for:
(1) damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damage that is the basis of restitution ordered by the court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a) as a condition of probation or other sentence, the restitution order is not discharged by the completion of any probationary period or other sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5 (or IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under IC 35-43-9 to make restitution to the victim of the crime. The court shall base its restitution order upon a consideration of the amount of money that the convicted person converted, misappropriated, or received, or for which the convicted person conspired. The restitution order issued for a violation of IC 35-43-9 must comply with subsections (b), (d), (e), and (g), and is not discharged by the completion of any probationary period or other sentence imposed for a violation of IC 35-43-9.