(a) Upon his or her final conviction of a felony after a trial by jury, a civil judgment
shall automatically be entered by the trial court against the defendant conclusively
establishing his or her liability to the victim for any personal injury and/or loss
of property that was sustained by the victim as a direct and proximate cause of the
felonious conduct of which the defendant has been convicted. The court shall notify
the victim at his or her last known address of the entry of the civil judgment in
his or her favor and inform him or her that he or she must establish proof of damages
in an appropriate judicial proceeding in order to recover for his or her injury or
loss. This section shall not apply to crimes set forth in title 31 arising from the
operation of a motor vehicle.
(b) For the purposes of this section, “victim” is one who has sustained personal injury
or loss of property directly attributable to the felonious conduct of which the defendant
has been convicted. In homicide cases, judgment shall enter for the benefit of those
parties eligible to commence a wrongful death action pursuant to chapter 7 of title 10.
Notes of Decisions
Derderian v. Essex Ins., 44 A.3d 122 (R.I. 2012).
· cites it 21× “The plaintiffs contend that, based on the language of G.L.1956 § 12-28-5 and the pertinent insurance policy, the trial justice erred in concluding that Essex had no duty to defend the plaintiffs against the state’s criminal prosecutions of them on charges of involuntary…”
Seddon v. Bonner, 755 A.2d 823 (R.I. 2000).
· cites it 48× “This case came before the Court pursuant to certified questions relative to the interpretation of G.L.1956 § 12-28-5, a victim’s rights statute that provides for the entry of a civil judgment against a defendant upon final conviction of a felony after a trial by jury.”
State v. LaRoche, 925 A.2d 885 (R.I. 2007).
· cites it 10× “The defendant asserted that G.L.1956 §§ 12-28-5 and 12-28-5.1, promulgated as part of the Victim’s Bill of Rights (VBOR), limited the Superior Court’s authority to impose a restitution order to situations in which a victim suffers economic loss directly attributable to the…”
Ryan v. Roman Catholic Bishop of Providence, 941 A.2d 174 (R.I. 2008).
· cites it 4× “The plaintiffs further contend that, pursuant to the provisions of G.L.1956 § 12-28-5, automatic judgment of liability should be entered against defendants in this case due to the fact that Dunn was convicted of first-degree sexual assault.”
Bouchard v. Price, 694 A.2d 670 (R.I. 1997).
· cites it 4× “Moreover, in the event that a defendant is convicted of a felony after a jury trial, a civil judgment is automatically entered by the trial court pursuant to G.L.1956 § 12-28-5 of the Victim's Bill of Rights, chapter 28 of title 12.”
Bandoni v. State, 715 A.2d 580 (R.I. 1998).
· cites it 3× “However, § 12-28-5, which was in force prior to the Convention, provided that upon the defendant’s conviction of a felony, a civil judgment shall automatically enter in favor of the victim conclusively establishing the defendant’s liability.”
Trainor v. Town of North Kingstown, 625 A.2d 1349 (R.I. 1993).
· cites it 3× “1956 (1981 Reenactment) § 12-28-5, as amended by P.L.1988, ch. 444, § 2, the trial justice granted plaintiffs motion for summary judgment and proceeded to entertain an oral proof of claim on the damages issues.”
R.I. Gen. Laws § 12-28-5(a): 3 cases
State v. LaRoche, 925 A.2d 885 (R.I. 2007).
“The defendant asserted that G.L.1956 §§ 12-28-5 and 12-28-5.1, promulgated as part of the Victim’s Bill of Rights (VBOR), limited the Superior Court’s authority to impose a restitution order to situations in which a victim suffers economic loss directly attributable to the…”
Derderian v. Essex Ins., 44 A.3d 122 (R.I. 2012).
“The plaintiffs contend that, based on the language of G.L.1956 § 12-28-5 and the pertinent insurance policy, the trial justice erred in concluding that Essex had no duty to defend the plaintiffs against the state’s criminal prosecutions of them on charges of involuntary…”
Seddon v. Bonner, 755 A.2d 823 (R.I. 2000).
“This case came before the Court pursuant to certified questions relative to the interpretation of G.L.1956 § 12-28-5, a victim’s rights statute that provides for the entry of a civil judgment against a defendant upon final conviction of a felony after a trial by jury.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.