First Regular Session 113th General Assembly (2003)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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     AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 5-2-6.1-32 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 IC 22-3-2 through IC 22-3-6.
        (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.

SEA 515


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