Investigation and report of victim's loss
(1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report:
(a) a list of the offender's assets; and
(b) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.
(2) When a presentence report is not authorized or requested, the court shall accept evidence of the victim's loss at the time of sentencing.
(1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report:
(1) (a) Whenever a the list of the offender's assets; and court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111:
(i) a list of the offender's assets; and
(ii) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.
(b) an affidavit that specifically describes If the victim's pecuniary loss and court does not order the replacement value in dollars of the loss, submitted by the victim. probation officer, restitution officer, or other designated person to include information about a victim's pecuniary loss or loss of property in a presentence investigation, nothing precludes the victim from providing that information to the probation officer, restitution officer, or other designated person making the presentence investigation and report.
(2) When a presentence report is not authorized or requested, the court shall accept evidence of the victim's loss at the time of sentencing.
Investigation and report of victim's loss
| EnactedEn. SectionSec. 2, ChapterCh. 426, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 14, ChapterCh. 125, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 3, ChapterCh. 118, Laws ofL. 2001 (SB 113 - Nelson, Linda (D) SD 49) |
| AmendedAmd. SectionSec. 4, ChapterCh. 272, Laws ofL. 2003 (HB 220 - Laszloffy, Jeff (R) HD 22) |