§706-647 Civil enforcement.

381 words·~2 min read·/hi/chapter-706/706-647

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A certified or exemplified copy of an order of any court of this State for payment of a fine or restitution pursuant to section 706-605 may be filed in the office of the clerk of an appropriate court of this State as a special proceeding without the assessment of a filing fee or surcharge. The order, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, shall be enforceable in the same manner as a civil judgment.

(2)In the event the victim has received or applied for reimbursement from any governmental entity, the victim named in the order or the victim's attorney shall also mail notice of the filing to the governmental entity providing reimbursement and shall file proof of mailing with the clerk.

(3)Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of a court of this State. [L 1998, c 269, pt of §1; am L 2000, c 113, §1]

COMMENTARY ON §706-647

Act 269, Session Laws 1998, added this section and §706-646 to allow victims of crime to enforce a criminal restitution order in the same manner as a civil judgment. Under current law, a defendant may be required by the court to pay restitution for losses caused to the victim. Collection of the restitution was left to governmental entities such as the judiciary, paroling authority, and department of public safety; these entities often were able to collect only a small fraction of the amount.

Moreover, although the criminal injuries compensation commission helped victims by providing some compensation, victims of property crimes and some violent crimes were ineligible for any compensation from the commission. Furthermore, although a victim may bring a civil action against the defendant, the process was costly and time-consuming. The legislature believed that victims should have a "fast track" ability to be compensated for their losses by allowing victims to enforce the criminal restitution order as a civil judgment, using all of the civil collection remedies.

Conference Committee Report No. 89.

Act 113, Session Laws 2000, amended this section to authorize the waiver of filing fees when victims of crime seek civil enforcement of court-ordered restitution. Conference Committee Report No. 40.