Tuesday, October 7, 2008
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Search 2008 Bills:

HB587: Juvenile convicts; payment of restitution.

Chief Patron

Del. Dave Marsden (D-41)

Dave Marsden (D-41)
Burke, VA
Served: 2006–

Progress

Yes Introduced
No Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Status

02/08/2008: Failed to Pass in Committee

View Entire History

Summary

Restitution; juvenile.  States that if the juvenile is under the age of 16, the court may not order restitution exceeding $2,500 and that in any case of juvenile restitution, the court may order the parents of the juvenile to pay.

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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 02/08/2008 and 02/08/2008.

Comments

Liane Rozzell writes:

The provision allowing the court to order parents to pay restitution appears to be unconstitutional. It allows people to be fined without any due process (no finding of guilt or right of appeal). A juvenile being ordered to pay restitution is presumably being represented by an attorney in a court proceding that ensures their right to due process and appeal. The parent is not so represented in that same court proceeding. In fact, the attorney for the child has a responsibility to make clear that she or he represents the child's interests only, and not those of the parents.

This provision may have sprung from a concern for making the victim whole in cases where the juvenile offender doesn't have the financial means to do so. In that case, the victim has recourse to civil court proceedings in which he or she can demonstrate whether or not the parents bear some responsibility and should pay, and all parties can be represented and have their rights protected.

Poll Results

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Bill Text

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