Page:2019 North Dakota Session Laws.pdf/467

c. The likelihood that attaching a condition relating to restitution or reparation will serve a valid rehabilitational purpose in the case of the particular offender considered.

The court shall fix the amount of restitution or reparation, which may not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance of any condition or conditions of probation established pursuant to this subsection. The court shall order restitution be paid to the division of adult services for any benefits the division has paid or may pay under chapter 54-23.4 unless the court, on the record, directs otherwise. Any payments made pursuant to the order must be deducted from damages awarded in a civil action arising from the same incident. An order that a defendant make restitution or reparation as a sentence or condition of probation may, unless the court directs otherwise, be filed, transcribed, and enforced by the person entitled to the restitution or reparation or by the division of adult services in the same manner as civil judgments rendered by the courts of this state may be enforced.

SECTION 3. AMENDMENT. Subsection 10 of section 12.1-34-01 of the North Dakota Century Code is amended and reenacted as follows:

10. "Victim" means a natural person who has sufferedsuffers direct or threatened physical, financial, or psychological harm as the result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term "victim" includes the family members of a minor, incompetent, incapacitated, or deceased person. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.

44 SECTION 4. A new subsection to section 12.1-34-02 of the North Dakota Century Code is created and enacted as follows:

If the victim is deceased, incompetent, incapacitated, or a minor, the victim's spouse, parent, grandparent, child, sibling, grandchild, or guardian, and any person with a relationship to the victim which is substantially similar to a listed relationship, may exercise the rights granted to a victim under this chapter.

SECTION 5. EMERGENCY. This Act is declared to be an emergency measure.

Approved April 8, 2019

Filed April 9, 2019

44 Section 12.1-34-02 was also amended by section 1 of House Bill No. 1425, chapter 268.