Print Friendly SENATE BILL NO. 1014 – Crime victim compensatn/subrogation
SENATE BILL NO. 1014
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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
]]]] 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
Deletion of this provision will make subrogation recoveries
more equitable and reduce the loss of account funds in
subrogation and restitution cases.
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.
Name: George Gutierrez
Agency: Industrial Commission
STATEMENT OF PURPOSE/FISCAL NOTE S 1014