§ 12-28-5. Civil judgment against defendant.
(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.
History of Section.P.L. 1983, ch. 265, § 1; P.L. 1988, ch. 444, § 2.
Structure Rhode Island General Laws
Chapter 12-28 - Victim’s Rights
Section 12-28-1. - Short title.
Section 12-28-2. - Legislative purpose.
Section 12-28-3. - General rights.
Section 12-28-4. - Right to address court prior to sentencing.
Section 12-28-4.1. - Right to address court regarding plea negotiation.
Section 12-28-4.2. - Representative of incapacitated victim.
Section 12-28-4.3. - Pretrial conferences — Misdemeanors in district court.
Section 12-28-5. - Civil judgment against defendant.
Section 12-28-5.1. - Restitution.
Section 12-28-6. - Right to address parole board.
Section 12-28-7. - Noncompliance not affecting validity of conviction, sentence, or parole.
Section 12-28-8. - Child victims.
Section 12-28-9. - Victims’ services unit.
Section 12-28-10. - Victims of domestic abuse — Employment discrimination.
Section 12-28-11. - Notification to immediate family members of homicide victims.