CHAPTER 540

H.P. 1260 - L.D. 1738

An Act To Amend the Law Providing Restitution to Victims of

Timber Theft

Be it enacted by the People of the State of Maine as follows:

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; except that at the request of the prosecutor, the court may suspend all or a portion of the forfeiture adjudged under subsection 2 and apply it to restitution to the property owner under this section.

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.