S-1572.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5672

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Costa, Long, Hargrove, Constantine, Shin, Kline, Jacobsen and Kohl‑Welles)

READ FIRST TIME 02/28/01.

Confirming that restitution must be paid to the estate of a victim who dies.

    AN ACT Relating to restitution to the estate of crime victims; amending RCW 7.68.290; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The intent of this act is to confirm the holding in State v. Edelman, 97 Wn. App. 161 (1999), that restitution under RCW 9.94A.142 must be paid to the estate of the victim after the victim is deceased.

    Sec. 2.  RCW 7.68.290 and 1997 c 358 s 3 are each amended to read as follows:

    If a defendant has paid restitution pursuant to court order under RCW 9.92.060, 9.94A.140, 9.94A.142, 9.95.210, or 9A.20.030 and the victim entitled to restitution cannot be found or has died, any unpaid restitution shall be paid to the victim's estate or, if the victim has died without being survived by any heirs, the clerk of the court shall deposit with the county treasurer the amount of restitution unable to be paid to the victim.  The county treasurer shall monthly transmit the money to the state treasurer for deposit as provided in RCW 43.08.250.  Moneys deposited under this section shall be used to compensate victims of crimes through the crime victims compensation fund.

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