North Carolina § 14-43 - 20. Mandatory restitution; victim services; forfeiture.

§ 14-43. 20. Mandatory restitution; victim services; forfeiture.

Repealed by Session Laws 2018-75, s. 4(a), effective December 1, 2018. Restitution. - Restitution for a victim is mandatory under this Article. At a minimum, the court shall order restitution in an amount equal to the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA). In addition, the judge may order any other amount of loss identified, including the gross income or value to the defendant of the victim's labor or services and any costs reasonably certain to be incurred by or on behalf of the victim for medical care, psychological treatment, temporary housing, transportation, funeral services, and any other services designed to assist a victim recover from any injuries or loss resulting from an offense committed under G.S. 14-43.11, 14-43.12, or 14-43.13. Trafficking Victim Services. - Subject to the availability of funds, the Department of Health and Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses under G.S. 14-43.11, 14-43.12, or 14-43.13. Certification. - The Attorney General, a district attorney, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Article for a violation of G.S. 14-43.11, 14-43.12, or 14-43.13 has begun and the individual who is a likely victim of one of those crimes is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims who are under 18 years of age. This certification shall be made available to the victim and the victim's designated legal representative. Forfeiture. - A person who commits a violation of G.S. 14-43.11, 14-43.12, or 14-43.13 is subject to the property forfeiture provisions set forth in G.S. 14-2.3. Escheat. - If a judge finds that the victim to whom restitution is due under this Article is unavailable to claim the restitution award, then the judge shall order the restitution be made payable to the clerk of superior court in the county in which the conviction for the offense requiring restitution occurred. If the victim fails to claim the restitution award within two years of the date of the restitution order issued by the judge, the clerk shall remit the restitution proceeds to the Crime Victims Compensation Fund established pursuant to G.S. 15B-23. Notwithstanding any provision of G.S. 15B-23 to the contrary, funds remitted to the Crime Victims Compensation Fund shall be used only to provide aid to victims who are (i) worthy and needy as determined by the Crime Victims Compensation Commission and (ii) enrolled in public institutions of higher education of this State. History (2013-368, s. 17; 2018-75, s. 4(a); 2018-145, s. 11(c).) Editor's Note. - Session Laws 2018-75, s. 4(b), as amended by Session Laws 2018-145, s. 11(c), provides "G.S. 14-43.20(f), as enacted by subsection (a) of this section, becomes effective December 1, 2018, and applies to orders for restitution entered on or after that date. The remainder of this section becomes effective December 1, 2018, and applies to offenses committed on or after that date." Session Laws 2018-75, s. 9, is a severability clause. Effect of Amendments. - Session Laws 2018-75, s. 4(a), as amended by Session Laws 2018-145, s. 11(c), deleted subsection (a); rewrote the last sentence of subsection (b); added a heading in subsection (e); and added subsection (f). For effective date and applicability, see editor's note.