Libby bill to better compensate victims of property crimes clears Senate
A bill sponsored by Sen. Nate Libby, D-Lewiston, would compensate victims of property crimes more quickly and fully than they are now. LD 1550, “An Act To Create a Victims’ Compensation Fund for Victims of Property Crimes” passed unanimously in the Maine Senate on Tuesday.
“With LD 1550, our prosecutors will be able to provide restoration to victims more quickly, while also seeking better justice for the crime, hopefully breaking the cycle of violence and wrongdoing” said Sen. Libby. “The avenues available to victims of property crimes now — insurance claims, civil actions or restitution orders — can be expensive, usually take months to materialize, and tend to fall short of making the victim whole. This bill will be a huge help to them.”
Under current law, if a judge orders that a defendant pay restitution to their victim, the payment often comes many months after the crime has been committed, and given the limited financial resources of many defendants, the payments come in small amounts over many years.
“A good example of a common property crime would be when a contractor’s work equipment is damaged or stolen from the work site and they can’t continue their work or provide for their family. It’s very frustrating for them to be told that we’ll try to get restitution but it may take several months,” said Androscoggin, Franklin and Oxford Counties District Attorney Andy Robinson at a recent public hearing on the bill. “As we try to think creatively about how to resolve criminal cases, we need to remember that victims are an important part of the equation and they need to be made whole. Ensuring the victim is able to have access to resources to overcome the impact of the crime is critical to making sure justice is done.”
The Victims’ Property Compensation Fund would be similar in structure to the Maine Victims’ Compensation Program currently in place for victims of violent crimes. Damage or loss of personal property is not eligible for compensation in the current program, however, including cellphones, laptops and other electronics, and vehicle damage.
The program would be funded by a $10 assessment on any person convicted of murder or a Class A, B, or C crime and a $5 assessment on any person convicted of a Class D or E crime, but judges will be able to Perpetrators could be ordered to reimburse the fund, in the same way they are ordered to pay restitution. Victims of a property crime may be compensated for up to $1,000 for property losses or insurance deductibles paid pursuant to an insurance claim as a result of the property loss. Crimes that happen out of state would not be covered by this program. Judges will be able to waive fees for people with no ability to pay.
The bill now faces further votes in the Maine Senate and House.