An Act To Assist Victims of Crime To Obtain Restitution

Sec. 1. 17-A MRSA §1330-C  is enacted to read:

§ 1330-C.  Civil remedy upon default

An order to make restitution is deemed to be a money judgment and, upon default, is enforceable by the victim under the provisions of Title 14, chapter 502 if the following requirements have been met:

SUMMARY

This bill provides a civil remedy for victims of crime when restitution has not been paid as ordered. The bill deems an order to make restitution a money judgement and sets requirements for the enforcement. Specifically, the bill requires that prior to entry of the order to pay restitution, the court informed the defendant of the right to a judicial determination of the amount of restitution and the restitution hearing was held, or the defendant waived the hearing or stipulated the amount of restitution and that after the court ordered payment of restitution, the clerk of the court entered the order to pay restitution in the same manner as a judgment in a civil action is entered.