H. B. 2104
(By Delegate Louisos)
[Introduced February 14, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-f, relating
to imposition of additional penalties in felony crimes
against property for failure to make restitution; judicial
discretion in applying the penalties; consideration by
parole board; legislative findings.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-f, to read
as follows:
Article 3F. Restitution.
§61-3F-1. Legislative findings.
The Legislature finds that it is the best interests of the
state, victims of felony property crime, and those convicted of
felony crimes against property to require that restitution to the
victims be made by those convicted of perpetrating these crimes.
Restitution eases the burdens of individuals victimized by
property crimes; restores public trust in institutions,
companies, businesses and governmental entities victimized by
property crimes; and allows persons convicted of these crimes to
repay those persons or entities most affected by the crimes.
In recognizing that the public welfare is well served by
encouraging restitution for property crimes, the Legislature also
finds that the judge of the circuit court imposing sentence upon
a person convicted of a felony crime against property is in the
best position to determine how restitution should be made, or
whether to require restitution in certain instances. Therefore,
the Legislature intends to allow broad judicial discretion in the
application of restitution requirements.
§61-3F-2. Restitution required for felony crimes against
property; judicial discretion allowed.
Any person convicted of a felony crime against property, the
descriptions of which are outlined in articles three, three-a,
three-c and three-d of this chapter, is required to pay
restitution for the full amount of the moneys, property or other items, services or information stolen: Provided, That the
sentencing judge may take into consideration the ability of the
convicted person to pay, the nature of the crime, and any other
factors he or she deems pertinent in requiring or structuring
restitution which the court deems fair and just.
§61-3F-3. Penalty added for refusal to make restitution.
Any person convicted of a felony crime against property who
refuses to make restitution as required by the sentencing court
pursuant to section two of this article shall have seven years
added to the maximum sentence for the crime of which he or she is
convicted.
§61-3F-4. Consideration of restitution on eligibility for
parole.
In considering the eligibility of any penitentiary prisoner
for release on parole, in addition to those requirements placed
on it by sections thirteen and thirteen-a, article twelve,
chapter sixty-two of this code, the board of parole shall
consider whether a person convicted of a felony crime against
property has made restitution as required by the sentencing court
pursuant to section two of this article. Evidence of restitution
may be regarded by the board of parole as a positive factor for
the granting of parole.
The board of parole may not grant parole to any person convicted of a felony crime against property who had not made the
restitution which has been deemed fair and just by the sentencing
court.
NOTE: The purpose of this bill is to require that any
person convicted of a felony crime against property make
restitution for the full amount of that stolen. The bill
provides the circuit court judge discretion in assessing
restitution. The bill requires seven years to be added onto
maximum sentences for refusal to make restitution. The bill
allows the board of parole to take restitution into consideration
in granting or denying parole. The bill requires that parole be
denied for those prisoners who have not made restitution.
This article is new; therefore, strike-throughs and
underscoring have been omitted.