RESTITUTION TO VICTIM'S HEIRS                                                                  H.B. 4636:

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

 

 

 

House Bill 4636 (as reported without amendment)

Sponsor:  Representative Tom Leonard

House Committee:  Judiciary

Senate Committee:  Judiciary

 

CONTENT

 

The bill would amend the Crime Victim's Rights Act to require that restitution, or the remaining portion of restitution, be paid to a victim's heirs, if the victim died.

 

Under the Act, when a court sentences a defendant for a crime that is punishable by more than one year's imprisonment or that is expressly designated as a felony, provides a disposition for a juvenile for an offense that would be a crime if committed by an adult, or sentences a defendant for a misdemeanor punishable by imprisonment for not more than one year or a fine that is not a civil fine, the court must order the defendant or juvenile to make full restitution to any victim of the defendant's or juvenile's course of conduct that led to the conviction or disposition or to the victim's estate.

 

If the victim is deceased, the court must order that the restitution be made to the victim's estate.  Under the bill, if the victim were deceased or died, the court would have to order the restitution or remaining restitution to be made to those entitled to inherit from the victim's estate.

 

MCL 780.766 et al.                                                   Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Date Completed:  10-2-13                                                   Fiscal Analyst:  Dan O'Connor

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.