Amends GS 15A-1340.34 to provide that for the purposes of Article 81C of GS Chapter 15A the term victim means a person directly and proximately harmed by the defendant’s commission of the criminal offense and also applies to a third-party payer, including an insurer that has compensated the victim for any costs or losses described in GS 15A-1340.35. Includes a third-party payer, including an insurer that has compensated the victim or the victim’s estate for injuries or damages to the victim, as entitled to restitution from the defendant sentenced for an offense for which the victim is entitled to restitution under Article 46 of GS Chapter 15A (was, required the defendant to make restitution to the victim or the victim’s estate only).
Amends GS 15A-1340.35 to provide the court is to consider the pain and suffering of the victim as a result of the offense in determining the amount of restitution. Limits the amount awarded for pain and suffering to $500,000 for each victim for all offenses occurring contemporaneously.
Effective October 1, 2011, and applies to any order of restitution on or after that date.
Bill Summaries: S379 (2011-2012 Session)
Bill S 379 (2011-2012)Summary date: Mar 17 2011 - View summary