SENATE BILL REPORT

                   SB 5379

              As Reported By Senate Committee On:

                Law & Justice, February 7, 1995

Title:  An act relating to restitution.

Brief Description:  Allowing courts to set restitution amounts at a later hearing.

Sponsors:  Senators Fairley, Hargrove, Long, C. Anderson, McCaslin, Schow, Johnson, Kohl and Winsley.

Brief History:

Committee Activity:  Law & Justice:  2/7/95 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 5379 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.

Staff:  Cynthia Runger (786-7717)

Background:  Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or property.  When restitution is ordered, the court must determine the amount of restitution due at the sentencing hearing or within 60 days.

There is a concern that 60 days does not give courts sufficient time to impose restitution.

Summary of Substitute Bill:  The court determines the amount of restitution at the sentencing hearing within 180 days.  The court may continue the hearing beyond the 180 days for good cause.

Substitute Bill Compared to Original Bill:  By removing any time limit within which the court must set restitution, a longer period of 180 days is set unless the court continues the hearing for good cause.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill will allow sufficient time for victims to collect restitution.

Testimony Against:  None.

Testified:  Tom McBride, WAPA (pro); Walter Brunett, DOC (pro); Debbie Ruggles, Washington Coalition of Sexual Assault Programs (pro); Jim McCown (pro).