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2C:43-2.1 - Motor vehicle theft or unlawful taking;  restitution

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2C:43-2.1.  Motor vehicle theft or unlawful taking;  restitution    A person who is convicted of an offense involving the theft or unlawful taking of a motor vehicle, in addition to any other fine, penalty, or restitution which may be imposed by law, is liable to the owner of the motor vehicle for any reasonable and necessary expense incurred by the owner in recovering the motor vehicle and for any damage to the motor vehicle prior to its recovery by the owner.  In the sentencing proceedings on the offense, the owner may submit evidence of expenses incurred and damages sustained.  The court shall make a finding of the amount of expenses incurred and damages sustained, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.  The court shall order the person convicted of the offense to make restitution to the owner in the amount of the expenses and damages found by the court.  The court shall file a copy of the order with the clerk of the Superior Court who shall enter upon his record of docketed judgments the name of the convicted person as  judgment debtor, and of the owner as judgment creditor, a statement that the restitution is ordered under this section, the amount of the restitution, and  the date of the order.  This entry shall have the same force as a judgment  docketed in the Superior Court.     L.1983, c. 411, s. 1, eff. Jan. 4, 1984. 
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  • 2C:43-2.1.  Motor vehicle theft or unlawful taking;  restitution
        A person who is convicted of an offense involving the theft or unlawful taking of a motor vehicle, in addition to any other fine, penalty, or restitution which may be imposed by law, is liable to the owner of the motor vehicle for any reasonable and necessary expense incurred by the owner in recovering the motor vehicle and for any damage to the motor vehicle prior to its recovery by the owner.  In the sentencing proceedings on the offense, the owner may submit evidence of expenses incurred and damages sustained.  The court shall make a finding of the amount of expenses incurred and damages sustained, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.  The court shall order the person convicted of the offense to make restitution to the owner in the amount of the expenses and damages found by the court.  The court shall file a copy of the order with the clerk of the Superior Court who shall enter upon his record of docketed judgments the name of the convicted person as  judgment debtor, and of the owner as judgment creditor, a statement that the restitution is ordered under this section, the amount of the restitution, and  the date of the order.  This entry shall have the same force as a judgment  docketed in the Superior Court.

         L.1983, c. 411, s. 1, eff. Jan. 4, 1984.
     

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