Second Regular Session H.B. 2208
COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO H.B. 2208
(Reference to House engrossed bill)
Page 1, line 2, after "3," insert "article 4,"
Line 3, strike "section" insert "sections"; after "28-675" insert ", 28-676, 28‑677 and 28-678"
Line 4, strike "Vehicular homicide" insert "Causing death by use of a vehicle; classification"
Line 5, strike "vehicular homicide" insert "causing death by use of a vehicle"
Line 22, strike "TITLE 28,"; after "3" insert "of this title"
Line 36, strike "vehicular homicide" insert "causing death by use of a vehicle"
Strike lines 37 and 38
Lines 39 and 40, strike "Accidents involving serious physical injury; vehicular assault" insert "Causing serious physical injury by use of a vehicle"
Line 41, strike "vehicular assault" insert "causing serious physical injury by use of a vehicle"
Page 2, line 28, strike "vehicular assault" insert "causing serious physical injury by use of a vehicle"
After line 28, insert:
"28-677. Accidents; restitution for civil traffic violations causing economic loss; definition
A. If a person is found responsible for a civil traffic violation that causes an accident resulting in economic loss due to a serious physical injury as defined in section 13-105 or death of another person, the court shall require the person found responsible to make restitution to the victim in the full amount of the economic loss as determined by the court and in the manner as determined by the court pursuant to this section.
B. In ordering restitution pursuant to this section, the court shall consider all losses caused by the civil traffic violation for which the person was found responsible.
C. In its sole discretion, the court may order that all or any portion of the civil penalty imposed be allocated as restitution to be paid by the person found responsible to any person who suffered an economic loss due to serious physical injury as defined in section 13-105 or death caused by the conduct of the person found responsible.
D. in determining the amount of restitution, The court shall not consider the economic circumstances of the person found responsible.
E. After the court determines the amount of restitution, the court shall specify the manner in which the restitution is to be paid. In deciding the manner in which the restitution is to be paid, the court shall take into account the views of the victim and shall consider the economic circumstances of the person found responsible. In considering the economic circumstances of the person found responsible, the court shall consider all of the person's assets and income, including workers' compensation and social security benefits. The court shall make all reasonable efforts, and may enter any reasonable order necessary, to ensure that all persons entitled to restitution pursuant to a court order promptly receive full restitution. If a victim has received reimbursement for the economic loss from an insurance company or any other entity, the court shall order the person found responsible to pay the restitution to that entity. If a victim has received only partial reimbursement for the victim's economic loss, the court shall order the person found responsible to pay restitution first to the victim and then to the entity that partially reimbursed the victim.
F. If more than one person is found responsible for a civil traffic violation that caused the loss, the persons are jointly and severally liable for the restitution.
G. If the court does not have sufficient evidence to support a finding of the amount of restitution or the manner in which the restitution should be paid, it may conduct a hearing on the issue according to procedures established by rule of court. The court may call the person found responsible to testify and to produce information or evidence. The victim may present evidence or information relevant to the issue of restitution.
H. After making the determinations in subsection E, the court shall enter a restitution order for each person found responsible that sets forth all of the following:
1. The total amount of restitution the person found responsible owes all persons.
2. The total amount of restitution owed to each person.
3. The manner in which the restitution is to be paid.
I. The restitution order under subsection H may be supported by evidence or information introduced or submitted to the court during the proceedings.
J. Notwithstanding any other law, a restitution lien is created in favor of a victim of the person ordered to make restitution. Monies received monthly from the person found responsible shall be applied first to SATISFY the RESTITUTION order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the person.
K. If the person found responsible or the person entitled to restitution pursuant to a court order disagrees with the manner of payment established in this section, the person found responsible or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the person found responsible and, on request, persons entitled to restitution pursuant to a court order.
L. For the purposes of this section, "victim" means either:
1. a person who suffers a serious physical injury, as defined in section 13-105, as a result of a civil traffic violation.
2. An immediate family member of a person who dies as a result of a civil traffic violation.
28-678. Restitution lien in civil traffic cases; definition
A. Any person entitled to restitution pursuant to section 28-677 may file in accordance with this section a restitution lien. A filing fee or any other charge is not required for filing a restitution lien.
B. A restitution lien shall be signed by a magistrate and shall set forth all of the following:
1. The name and date of birth of the person who is found responsible for a civil traffic violation and whose property or other interests are subject to the lien.
2. The present residence or principal place of business of the person named in the lien, if known.
3. The proceeding pursuant to which the lien is filed, including the name of the court, the title of the ACTION and the court's file number.
4. The name and address of the person entitled to restitution pursuant to a court order filing the lien.
5. A statement that the notice is being filed pursuant to this section.
6. The amount of restitution the person in the proceeding has been ordered to pay.
C. A restitution lien may be filed by a victim of an accident that was caused by a civil traffic violation that resulted in serious physical injury as defined in section 13-105 or death after a finding of responsibility and after restitution is determined and ordered by the court following pronouncement of the finding and sentence.
D. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles, the lien shall be filed with the department. a restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The victim may give the additional notice of the lien.
E. The filing of a restitution lien in accordance with this section creates a lien in favor of the victim in all of the following:
1. Any interest of the person found responsible in real property situated in the county in which the lien is filed then maintained or acquired in the name of the person identified in the lien.
2. Any interest of the person found responsible in personal property in this state.
3. Any property identified in the lien to the extent of the interest of the person found responsible in the property.
F. The filing of a restitution lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's or victim's claim. The lien created in favor of THE VICTIM in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:
1. A valid lien perfected before the filing of the restitution lien.
2. In the case of real property, an interest acquired and recorded before the filing of the restitution lien.
3. In the case of personal property, an interest acquired before the filing of the restitution lien.
G. This section does not limit the right of any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.
H. For the purposes of this section, "victim" means either:
1. a person who suffers a serious physical injury, as defined in section 13-105, as a result of a civil traffic violation.
2. An immediate family member of a person who dies as a result of a civil traffic violation."
Amend title to conform
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03/21/06
10:59 AM
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