WILSON PUSHES BILL TO INCREASE RESTITUTION

Victims of crimes would be able to bring legal claims for restitution at the end of criminal trials rather than filing a separate civil lawsuit under legislation proposed by Sen. Roger Wilson, D-Columbia.

"This will streamline a process we have now, and put more fairness into the process for victims," declared Wilson, at a news conference here Tuesday.

"Current law requires crime victims to bring an action against a wrongdoer which is separate from the state's criminal proceeding. This dual process is expensive for the victim and adds to the overall crowding of the court system. As a result, victims often ignore their right to a civil claim."

With this bill, Wilson pointed out that once a wrongdoer is found guilty on the state's criminal charge, his liability as to the victim's civil claim is automatically established.

The victim would be allowed to come before the same jury, with or without an attorney, and present evidence regarding the damages caused by the wrongdoer.

The proposed legislation would also allow the victim to seek damages for pain and suffering.

Wilson said the bill was recommended by the Governor's Crime Commission, which he served on and was chaired by Republican Attorney General William Webster.

"It is very much a bi-partisan effort," said Wilson, a candidate for lieutenant governor next year.

Wilson anticipates the bill would generate a lot of debate in the General Assembly, but said he was confident of winning approval.

"This in no way guarantees everyone will be compensated when they suffer from a crime," said Wilson, "but it will help crime victims. The courts are clogged right now and victims are intimated by the system.

"We should not be part of a system that gives an individual any more pain than they have to entail," he added.

Presently, a crime victim may apply to the Victim's Compensation Fund for restitution of actual damages, but the amount of payment is limited. Victims also cannot collect for pain and suffering.

Under Wilson's bill, if the criminal is unable to pay restitution for actual damages, the courts would have the power to place a lien on any property acquired by the criminal during or after incarceration.

Sen. John Dennis, D-Benton, attended the press conference and said he would co-sponsor the measure. "It is a good bill and we've waited a long time for it," he said.

Because Dennis is a former sheriff, Wilson said his support will be a big boost to the legislation.

Also attending the press conference in support of the bill were Betty Knoll, a crime victim's advocate for the Cape Girardeau Police and Cape county Prosecutor's office; Sgt. Carl Kinnison, of the Cape Police Department; and Jim Hahn, a Cape Girardeau attorney who is a former assistant prosecutor.

Kinnison said he thought the bill would make it easier for victims of crimes against property to collect money.

Hahn, who testified in favor of this type of legislation during a hearing of the crime commission recently, said he is pleased about a provision in the bill that allows victims to seek restitution three years after a conviction.

Under present laws, the statute of limitations runs out three years after an event occurs, and in many cases by the time someone is captured or convicted, the statute of limitations has expired leaving victims no recourse.

"Criminals always have had protected rights in our system of legal justice, while their victims have wandered in a wasteland of laws that gave shamefully poor recognition to their suffering and losses," summed up Wilson.

"The public outcry for a crackdown on criminals also calls for upgrading the legal rights of their innocent victims, and that's what this bill is all about."