§ 63M-7-519 — Assignment of recovery -- Reimbursement.

(1) (1)(a) By accepting a reparations award, the victim:
(1)(a)(i) automatically assigns to the office any claim the victim may have relating to criminally injurious conduct in the reparations claim; and
(1)(a)(ii) is required to reimburse the office if the victim recovers any money relating to the criminally injurious conduct.
(1)(b) The office's right of assignment and reimbursement under Subsection (1)(a) is limited to the lesser of:
(1)(b)(i) the amount paid by the office; or
(1)(b)(ii) the amount recovered by the victim from the third party.
(1)(c) The office may be reimbursed under Subsection (1)(a) regardless of whether the office exercises the office's right of assignment under Subsection (1)(a).
(2) The executive director of the Commission on Criminal and Juvenile Justice, with the concurrence of the director, may reduce the office's right of reimbursement if the executive director determines that:
(2)(a) the reduction will benefit the fund; or
(2)(b) the victim has ongoing expenses related to the offense upon which the reparations claim is based and the benefit to the victim of reducing the office's right of reimbursement exceeds the benefit to the office of receiving full reimbursement.
(3) The office reserves the right to make a claim for reimbursement on behalf of the victim and the victim may not impair the office's claim or the office's right of reimbursement.

Legislative History

Amended by Chapter 506, 2024 General Session