AN ACT RELATIVE TO THE PENALTY FOR THE DESTRUCTION OF A SHIP OR VESSEL.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Section 108 of chapter 266 of the General Laws, as appearing in the 1984
Official Edition, is hereby amended by inserting after the word "years", in
line 5, the words:- or imprisonment in a jail for not more than two and
Said section 108 of said chapter 266, as so appearing, is hereby further
amended by adding the following six paragraphs:-
A person found guilty of violating this section shall, in addition to any
other punishment, be ordered to make restitution to the insurer or owner
for any financial loss sustained as a result of the commission of the crime
except as hereinafter provided. Restitution shall be imposed in addition
to incarceration or fine. In the case of an indigent defendant, the court
may determine that the interests of the victim and of justice would not be
served by ordering such restitution. In such case, the court shall make
specific written findings of the evidence presented which militated against
the imposition of restitution.
The court shall, after conviction, conduct an evidentiary hearing to ascertain
the extent of the damages or financial loss suffered as a result of the
defendant's crime and may then determine the amount and method of
restitution. In so determining, the court shall consider the financial
resources of the defendant and the burden restitution will impose on the
defendant. The defendant's present and future ability to make such
restitution shall be considered.
A defendant ordered to make restitution may petition the court for
remission from any payment of restitution or from any unpaid portion
thereof. If the court finds that the payment of restitution due will impose
an undue financial hardship on the defendant or his family, the court may
grant remission from any payment of restitution or modify the time and
method of payment.
If a defendant who is required to make restitution defaults in any
payment of restitution or installment thereof, the court may hold him in
contempt unless said defendant has made a good faith effort to make
restitution. If the defendant has made such good faith effort, the court
may, upon motion of the defendant, modify the order requiring restitution by:
(a) providing for additional time to make any payment in restitution;
(b) reducing the amount of any payment in restitution or installment thereof;
(c) granting a remission from any payment of restitution or part thereof.
Restitution shall not be authorized to a party whom the court determines
to be aggrieved, without such party's consent.