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ND HB1041
Bill
Status
3/23/2023
Primary Sponsor
Judiciary
Click for details
AI Summary
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Restructures restitution procedures by establishing a two-phase process: courts must order restitution at sentencing, and if the court retains jurisdiction, victims must submit claims by affidavit within a specified timeframe with itemized damages and supporting evidence.
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Defendants have 30 days after being served notice of restitution amounts to request a hearing to challenge the restitution; courts may enter judgment without a hearing if the defendant does not request one within this period.
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Adds requirement that courts may order defendants to disclose income and assets on forms developed by the state court administrator to facilitate setting appropriate restitution payment plans.
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For restitution resulting from insufficient funds checks or drafts, courts must impose costs equal to the greater of $10 or 25% of restitution ordered, capped at $1,000, with collected funds directed to restitution collection assistance fund or county general fund.
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Allows defendants unable to pay restitution to perform reasonable assigned work as an alternative, but only with written consent from the person entitled to restitution or reparations.
Legislative Description
Restitution.
Last Action
Filed with Secretary Of State 03/23
3/24/2023