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Restitution overhaul advances after debate over victims’ rights and collectability
Summary
The Senate Judiciary Committee voted to concur on House Bill 5 78, which removes provisions allowing courts to limit restitution at sentencing based on an offender’s present ability to pay, in a move supporters described as restoring victims’ rights.
Rep. Bill Mercer told the Senate Judiciary Committee House Bill 5 78 would reverse State v. Lodoll and related precedents by removing language that allows courts to limit restitution at sentencing based on an offender’s present financial resources. The sponsor said the Legislature had intended that restitution orders survive sentencing and that offenders should remain obligated to make victims whole over time.
Brad Feldheim, representing the Attorney…
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