2007 Legislation
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SENATE BILL NO. 1014 – Crime victim compensatn/subrogation

SENATE BILL NO. 1014

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Bill Status



S1014................................................by JUDICIARY AND RULES
CRIME VICTIM COMPENSATION - Amends existing law relating to crime victim
compensation to remove language requiring the Industrial Commission to pay
a proportional share of costs and fees if it recovers under its subrogation
interest where a claimant institutes the action.
                                                                        
01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1014
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIME VICTIM COMPENSATION; AMENDING SECTION 72-1023,  IDAHO  CODE,
  3        TO REMOVE LANGUAGE REQUIRING THE COMMISSION TO PAY A PROPORTIONAL SHARE OF
  4        COSTS  AND  FEES  IF  IT  RECOVERS  UNDER ITS SUBROGATION INTEREST WHERE A
  5        CLAIMANT INSTITUTES THE ACTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 72-1023, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        72-1023.  SUBROGATION.  (1)  If  a  claimant seeks compensation under this
 10    chapter and compensation is awarded, the account is entitled to full  subroga-
 11    tion  against  a  judgment  or  recovery  received by the claimant against the
 12    offender or from or against any other source for all compensation  paid  under
 13    this  chapter. The account's right of subrogation shall be a first lien on the
 14    judgment or recovery. If the claimant does not institute  the  action  against
 15    the offender or against another source from which payment may be recovered for
 16    benefits  compensable under this chapter within one (1) year from the date the
 17    criminally injurious conduct occurred, the commission may institute the action
 18    in the name of the claimant or the claimant's personal representative.
 19        (2)  If the claimant institutes the action, the  commission  shall  pay  a
 20    proportional  share of costs and attorneys' fees if it recovers under its sub-
 21    rogation interest.
 22        (3)  If the commission institutes the action in the name of  the  claimant
 23    or the claimant's personal representative and the recovery is in excess of the
 24    amount  of compensation paid to the claimant and costs incurred by the account
 25    in pursuit of the action, the excess shall be paid to the claimant.
 26        (43)  If a judgment or recovery includes both damages for bodily injury or
 27    death for which the commission has ordered compensation paid under this  chap-
 28    ter  and  damages  for which the commission has not ordered compensation paid,
 29    then the account's subrogation interest shall apply only to that proportion of
 30    the judgment or recovery for which it has paid compensation. In a civil action
 31    in a court of this state arising out  of  criminally  injurious  conduct,  the
 32    judge,  on  timely  motion,  shall direct the jury to return a special verdict
 33    indicating separately the amounts of the various items of damages  awarded.  A
 34    claimant  may  not  make  recoveries against the offender or other source from
 35    which payment can be recovered for benefits compensable under this chapter  in
 36    such a way as to avoid and preclude the account from receiving its proper sub-
 37    rogation  share  as  provided  in this section. The commission shall order the
 38    release of any lien provided for  in  subsection  (1)  of  this  section  upon
 39    receipt of the account's subrogation share.
 40        (54)  Moneys  received  under the provisions of this section shall be paid
 41    to the account.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE

                            RS 16476

Deletion of this provision will make subrogation recoveries
more equitable and reduce the loss of account funds in
subrogation and restitution cases.


                          FISCAL NOTE

This amendment will increase funds recovered by the Crime
Victims' Compensation account and accordingly, reduce the need to
request additional funding authority in the future due to losses
caused by this provision of the law.



Contact
Name:   George Gutierrez
Agency: Industrial Commission 
Phone:  208-334-6070

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1014