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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 - 2007IN 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 a20proportional share of costs and attorneys' fees if it recovers under its sub-21rogation 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 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