Tracking Virginia’s General Assembly
since 2007.
HB587: Juvenile convicts; payment of restitution.
Chief Patron
Del.
Dave Marsden (D-41)
Dave Marsden
(D-41)
Burke, VA
Served: 2006–
Progress
| Introduced | |
| Passed Committee | |
| Passed House | |
| Passed Senate | |
| Signed by Governor | |
| Became Law |
Status
02/08/2008: Failed to Pass in Committee
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.
View Full Text »Video
Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 02/08/2008 and 02/08/2008.
Poll Results
No Richmond Sunlight visitors voted on this bill while voting was open.

Comments
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.