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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 14. RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES · Article 1. RESTITUTION

17-14-6. Setoff of prior total or partial restitution made to victim; reduction of award from the Crime Victims Compensation Board by the amount of restitution; payment of restitution to governmental entities that have compensated the victim.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to the victim.#

  2. (b)

    The ordering authority shall not order restitution to be paid to a victim or victim’s estate if the victim or victim’s estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding.#

  3. (c)

    Any amount paid to a victim or victim’s estate under a restitution order shall reduce the amount payable to a victim or a victim’s estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article.#

  4. (d)

    The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victim’s estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victim’s estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made.#

  5. (e)

    In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 27-3006, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172; Ga. L. 2006, p. 72, § 17/SB 465.

Editor's notes

Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’’’

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 1387; merge action: carried; file SHA-256 0b0d45f9c609.