.200 Reparation for property stolen or damaged, from person convicted.
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431.200 Reparation for property stolen or damaged, from person convicted.
Any person convicted of a misdemeanor or felony for taking, injuring or destroying
property shall restore the property or make reparation in damages if not ordered as a
condition of probation. The court in which the conviction is had, if applied to by verified
petition made within ninety (90) days of the date the sentence was pronounced, may order
restitution or give judgment against the defendant for reparation in damages, and enforce
collection by execution or other process. In a petition for restitution or reparation, the
court shall cause the defendant, if in custody, to be brought into court, and demand of him
if he has any defense to make to the petition. If he consents to the restitution or to
reparation in damages in an agreed sum, the court shall give judgment accordingly.
Otherwise a jury shall be impaneled to try the facts and ascertain the amount and the
value of the property, or assess the damage, as the case may be. A failure to pursue this
remedy shall not deprive the person aggrieved of his civil action for the injury sustained.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 162, sec. 1, effective July 15, 1980. -- Amended
1976 (1st Extra. Sess.) ch. 14, sec. 439, effective January 2, 1978. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1132, 1135.