Sec. 1. 17 MRSA §2510, sub-§4, as enacted by PL 1997, c. 152, §3, is amended to read:

4. Restitution. The court shall inquire of the prosecutor or the owner of the property on which the tree was cut down or felled the extent of the owner's financial loss. With the owner's consent, the court shall order restitution when appropriate on the basis of an adequate factual foundation. The order of restitution must designate the amount of restitution to be paid and the person or persons to whom the restitution must be paid. Restitution ordered under this subsection is in addition to any forfeitures adjudged under subsection 2; however, the court may order that restitution be adjudged in lieu of or based on the forfeitures in subsection 2.

Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts.

SUMMARY

This bill amends the law awarding restitution for the unlawful cutting of trees by:

1. Allowing evidence of more than just financial loss; and

2. Allowing the court to award restitution in lieu of or based upon the schedule of forfeiture for unlawfully cutting trees.