SB 331 Creates procedures for the collection of restitution through the office of the prosecuting or circuit attorney
Sponsor: Schmitt
LR Number: 1120S.02I Fiscal Note available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 4/15/2013 - SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee - (1120S.03C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SCS/SB 331 - This act provides that restitution must be paid through the office of the prosecuting or circuit attorney.

In addition, this act allows the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost of $25 if the restitution is less than $100, $50 if the restitution is $100 to $249, and up to $75 if the restitution is $250 or more.

The proceeds are to be deposited by the county treasurer into an "Administrative Handling Cost Fund" to be expended by the prosecuting attorney. The fund may be used for office supplies, postage, books, training, office equipment, capital outlay, trial expenses, witness preparation, additional employees, salaries, or other lawful expenses incurred by the prosecuting attorney.

Current law provides that a court may order a person to make restitution when the person has been found guilty of first degree tampering involving an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle or stealing a motor vehicle, watercraft, or aircraft. The restitution must include payment for repairs or replacement of the vehicle, watercraft, or aircraft and any costs associated with towing or storage fees. In addition, a person may be required, as a condition of parole, to make restitution. This act expands the current restitution law so that it applies to any person found guilty of any offense and repeals the provisions requiring the restitution include repairs, towing, and storage fees. In addition, this act provides that a person must be required to make restitution as a condition of parole.

This act allows the court to set an amount of restitution to be taken from the inmate's account while incarcerated by the Department of Corrections.

This act also provides that the payment of restitution may be collected as a condition of conditional release or parole by the prosecuting attorney and that the prosecuting attorney may refer any failure to make restitution as a violation of parole or the terms of conditional release.

This act provides that restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund".

This act is identical to provisions of SS/SCS/HCS/HB 215 (2013) and is similar to HCS/HB 371 (2013), HCS/SB 100 (2013), HB 214 (2013), and HB 1382 (2012).

MEGHAN LUECKE