SB 19 – AS AMENDED BY THE SENATE
03/19/2015 0811s
2015 SESSION
04/01
SENATE BILL 19
AN ACT relative to the payment of restitution among and between co-defendants.
SPONSORS: Sen. Bradley, Dist 3
This bill establishes a procedure for collecting from and reimbursing co-defendants for the payment of restitution.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/19/2015 0811s
15-0871
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the payment of restitution among and between co-defendants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section: Payment of Restitution Among and Between Co-Defendants. Amend RSA 651 by inserting after section 63 the following new section:
651:63-a Payment of Restitution Among and Between Co-Defendants. The department of corrections shall collect restitution from co-defendants in an action who are ordered to pay restitution until the total amount of restitution is paid in full. The restitution for each defendant shall be joint and several. However, the restitution shall be proportioned among the defendants based on the number ordered to pay restitution so that if a defendant pays an amount in excess of his or her proportion, the department of corrections shall reimburse the defendant the amount of the overpayment from payments made by the co-defendants who are required to pay their proportions of the restitution. Payment to a defendant shall occur only after the victim is paid in full. A defendant shall be responsible for informing the department of any change of address. If any reimbursement to a defendant is returned to the department, the defendant shall be deemed to have waived his or her right to the reimbursement and the commissioner of the department of corrections shall pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
2 Effective Date. This act shall take effect upon its passage.