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.
REVISE RESTITUTION DAMAGE AWARDS.
|View NCGA Bill Details||2011-2012 Session|
TO REVISE THE MANNER IN WHICH RESTITUTION DAMAGES ARE CALCULATED SO THAT VICTIMS IN PERSONAL INJURY CASES MAY RECEIVE FULL COMPENSATION FOR THEIR DAMAGES.Intro. by Goolsby.
Status: Ref To Com On Judiciary I (Senate Action) (Mar 21 2011)
Thu, 17 Mar 2011 Senate: Filed
Mon, 21 Mar 2011 Senate: Passed 1st Reading
Mon, 21 Mar 2011 Senate: Ref To Com On Judiciary I
Bill S 379 (2011-2012)Summary date: Mar 17 2011 - View Summary