Bill Stanley
- Republican
- Senator
- District 7
Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential.
Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential.
Approved by Governor-Chapter 393 (effective 7/1/21)
Governor's Action Deadline 11:59 p.m., March 31, 2021
Enrolled Bill Communicated to Governor on February 24, 2021
Signed by President
Enrolled
Signed by Speaker
Read third time
VOTE: Block Vote Passage (99-Y 0-N)
Passed House BLOCK VOTE (99-Y 0-N)
Read second time
Reported from Courts of Justice (22-Y 0-N)
Continued to Special Session 1 in Courts of Justice
Read first time
Placed on Calendar
Referred to Committee for Courts of Justice
Read second time
Engrossed bill reprinted 21101671D-E
Printed as engrossed 21101671D-E
Passed Senate (39-Y 0-N)
Constitutional reading dispensed (39-Y 0-N)
Engrossed by Senate as amended SB1426E
Committee amendments agreed to
Reading of amendments waived
Constitutional reading dispensed (36-Y 0-N)
Reported from Judiciary with amendments (14-Y 0-N)
Senate committee, floor amendments and substitutes offered
Presented and ordered printed 21101671D
Referred to Committee on the Judiciary
Bill Text Versions | Format |
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Presented and ordered printed 21101671D | HTML |
SB1426E | HTML |
SB1426ER | HTML |
CHAP0393 | HTML |
Document | Format |
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Amendment: SB1426AS | HTML |
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