Citations Affected: IC 5-2.
Synopsis: Violent crime victims compensation fund. Provides that an
award from the violent crime victims compensation fund shall be
reduced by the amount of restitution actually received from the
offender and benefits actually received from a third party on behalf of
the offender. (Current law provides that the award must be reduced by
the amount of restitution and benefits received or to be received.)
Effective: July 1, 2003.
January 23, 2003, read first time and referred to Committee on Judiciary.
February 20, 2003, reported favorably _ Do Pass.
February 24, 2003, read second time, ordered engrossed.
February 25, 2003, engrossed. Read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 32. (a) The division
shall reduce an award made under this chapter by the amount of
benefits received or to be received from the following sources if those
benefits result from or are in any manner attributable to the bodily
injury or death upon which the award is based:
(1) Restitution from the offender.
(2) Benefits from a third party on behalf of the offender.
(3) (1) Benefits from public or private pension programs,
including Social Security benefits.
(4) (2) Benefits from proceeds of insurance policies.
(5) (3) Benefits under
(6) (4) Unemployment compensation benefits.
(7) (5) Benefits from other public funds.
Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this
chapter by the following:
(1) The amount of court ordered restitution actually received by the victim from the offender.
(2) Benefits actually received by the victim from a third party on behalf of the offender.
(c) The division shall determine whether the victim vigorously pursued recovery against available collateral sources described in this section.
(c) (d) If the division finds that a victim has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to the
victim through the collateral source.