House committee substitute to the 1st edition makes the following changes. Amends proposed GS 14-190.17B, by adding that the court is not required to order restitution for a violation of GS 14-190.16, GS 14-190.17, or GS 14-190.17A if the victim has not been identified. Makes additional technical changes.
RESTITUTION/SEXUAL EXPLOITATION OF MINOR.
Printer-friendly: Click to view
View NCGA Bill Details | 2021 |
AN ACT TO CLARIFY RESTITUTION FOR SEXUAL EXPLOITATION OF A MINOR.Intro. by Davis.
Bill History:
-
Mon, 19 Apr 2021 House: Filed
-
Tue, 20 Apr 2021 House: Passed 1st Reading
-
Tue, 27 Apr 2021 House: Reptd Fav Com Substitute
-
Tue, 27 Apr 2021 House: Reptd Fav Com Substitute
-
Tue, 27 Apr 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
-
Tue, 27 Apr 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
-
Wed, 28 Apr 2021 House: Reptd Fav
-
Wed, 28 Apr 2021 House: Cal Pursuant Rule 36(b)
-
Wed, 28 Apr 2021 House: Added to Calendar
-
Wed, 28 Apr 2021 House: Passed 2nd Reading
-
Wed, 28 Apr 2021 House: Passed 3rd Reading
-
Thu, 29 Apr 2021 House: Regular Message Sent To Senate
-
Thu, 29 Apr 2021 Senate: Regular Message Received From House
-
Thu, 29 Apr 2021 Senate: Passed 1st Reading
-
Thu, 29 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
-
Bill H 598 (2021-2022)Summary date: Apr 27 2021 - View Summary
-
Bill H 598 (2021-2022)Summary date: Apr 19 2021 - View Summary
Enacts GS 14-190.17B, requiring courts to order restitution for first, second, or third degree sexual exploitation of a minor offenses (set forth in GS 14-190.16, 14-190.17, and 14-190.17A, respectively). Also requires courts to order a defendant who viewed child pornography and has been convicted of first, second, or third degree sexual exploitation of a minor to make restitution. Directs the court to determine the full amount of the victim's losses for costs incurred as a proximate result of the offense, including applicable injuries and damages described in GS 15A-1340.35 (Basis for restitution); medical services relating to physical, psychiatric, or psychological care; physical and occupational therapy or rehabilitation; transportation, temporary housing, and childcare expenses; loss of income; litigation costs; and other relevant losses incurred by the victim. Provides for apportionment when more than one defendant contributed to the losses of the victim. Allows for the defendant to petition the court to amend the order upon showing the victim has received restitution in the full amount of the victim's determined losses. Allows the court to require the victim to provide information for amounts paid in other cases for the same losses. Provides for the statute to supersede Article 81C, GS Chapter 15A (governing restitution in criminal cases), in case of conflict. Applies to orders for restitution entered on or after December 1, 2021.