SB 95

Under current law, when a defendant is sentenced or placed on probation for a crime, the court must order the defendant to pay restitution to the victim of the crime to pay for costs incurred by the victim or the victim’s estate as a result of the crime. The court may require that restitution be paid immediately, within a specified time, or in specified installments. The court may not set the time limit to be later than the end of the defendant’s term of probation, parole, or extended supervision. When the defendant has completed the term, any outstanding restitution is enforceable in the same manner as a judgment in a civil action. The victim may use civil court actions to collect the restitution, including seeking a wage garnishment or an execution against the defendant’s property (a court order to the sheriff to seize property, sell it, and use the money toward the outstanding restitution). Under this bill, if the defendant is sentenced or placed on probation for human trafficking, the court must require restitution be paid immediately and, if the defendant fails to pay immediately, the court must issue an execution against the defendant’s property.

Under current law, a person convicted of treason, felony, or bribery may not vote unless the person’s right to vote is restored through a pardon or through completion of the term of imprisonment, including parole or extended supervision, or probation for the crime that led to the disqualification. Under the bill, in addition to completing his or her term of imprisonment or probation for the crime, a person must have paid all fines, costs, fees, surcharges, and restitution, and have completed any court-ordered community service, imposed in connection with the crime.