State Seal2 copy            Bill Number: S.B. 1158

            Borrelli Floor Amendment

            Reference to: printed bill

            Amendment drafted by: Amber Witter

 

 

FLOOR AMENDMENT EXPLANATION

 

·         Specifies that the ability of the court to impose community restitution in lieu of a monetary obligation and to mitigate a civil penalty or fine does not apply to the Clean Elections surcharge.

 

·         Stipulates that a judge's ability to waive or mitigate mandatory community restitution does not apply to community restitution imposed in lieu of a monetary obligation.

 

·         Removes the court's ability to mitigate DUI fines.

 

·         Clarifies that another sentence may be imposed for a misdemeanor offense, in addition to community restitution, education or treatment.

 

·         Updates the reporting duties of court clerks to reflect current business practices, eliminating a technical conflict with S.B. 1066.


 

Fifty-third Legislature                                                  Borrelli

First Regular Session                                                   S.B. 1158

 

BORRELLI FLOOR AMENDMENT

SENATE AMENDMENTS TO S.B. 1158

(Reference to printed bill)

 


Page 5, line 41, after the comma insert "in addition to any sentence authorized by law,"

Page 9, line 11, after the first "the" strike remainder of line

Strike line 12

Line 13, strike "prosecutor and the sentencing court. The"

Line 21, after the first "the" strike remainder of line

Strike line 22

Line 23, strike "monthly basis. The"

Page 10, between lines 24 and 25, insert:

"G. IF A DEFENDANT IS SENTENCED TO PAY A FINE, FEE, ASSESSMENT, RESTITUTION OR INCARCERATION COSTS, THE CLERK OF THE SENTENCING COURT, ON REQUEST, SHALL MAKE THE DEFENDANT'S PAYMENT HISTORY AVAILABLE TO THE PROSECUTOR, VICTIM, VICTIM'S ATTORNEY, PROBATION DEPARTMENT AND COURT WITHOUT COST."

Page 11, between lines 20 and 21, insert:

"B. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A."

Reletter to conform

Line 38, strike "notwithstanding any other" insert "unless otherwise provided by"

Lines 39 and 40, after "penalty" insert ", forfeiture"

Page 12, line 2, after the period insert "THIS SUBSECTION DOES NOT APPLY TO COMMUNITY RESTITUTION ORDERED PURSUANT TO SECTION 13-824.

C. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A."


Page 14, strike lines 4 through 10

Renumber to conform

Amend title to conform


 

 

SONNY BORRELLI

 

1158BORRELLI1256.docx

02/21/2017

12:56 PM

S: AW/jn