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BILL AS INTRODUCED 2007-2008

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H.820

Introduced by Representative Errecart of Shelburne

Referred to Committee on

Date:

Subject:  Criminal procedures; restitution; insurance  

Statement of purpose:  This bill proposes to permit insurers to recover restitution for payments made to crime victims.

AN ACT RELATING TO RESTITUTION AND INSURANCE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 5362 is amended to read:

§ 5362.  RESTITUTION UNIT

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(c)  The restitution unit shall have the authority to:

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(4)  Investigate and verify the amount of insurance or other payments paid to or for the benefit of a victim, and reduce the amount collected or to be collected from the offender or disbursed to the victim from the crime victims’ restitution special fund accordingly and adjust payments consistent with subsection 5363(e) of this title.  The restitution unit shall submit to the court a proposed revised restitution order stipulated to by the victim, the insurer, and the unit, with copies provided to the victim and the offender.  No hearing shall be required, and the court shall amend the judgment order to reflect the amount stipulated to by the victim, the insurer, and the restitution unit.

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Sec. 2.  13 V.S.A. § 5363 is amended to read:

§ 5363.  CRIME VICTIMS’ RESTITUTION SPECIAL FUND

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(d)(1)  The restitution unit is authorized to advance up to $10,000.00 to a victim or to a deceased victim’s heir or legal representative if the victim:

(A)  was first ordered by the court to receive restitution on or after July 1, 2004; and

(B)  is a natural person or the natural person’s legal representative; and

(C)  has not been reimbursed under subdivision (2) of this subsection.

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(e)  If the restitution unit collects in excess of $10,000.00 from an offender, the amount in excess of $10,000.00 shall first be paid to that offender’s victims until the victims have received the full amount of restitution ordered.  Any excess remaining after the victims have received the full amount of restitution ordered shall be first paid to an insurer up to the amount of any payment the insurer made to compensate for the victim’s material loss, and the remainder shall be divided between the victims’ compensation fund and the crime victims’ special restitution fund in proportion to the amount which each paid.

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Sec. 2.  13 V.S.A. § 7043 is amended to read:

§ 7043.  RESTITUTION

(a)(1)  Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss.

(2)  For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

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(q)  If a crime victim receives payment from an insurer to compensate for the victim’s material loss, the insurer shall be entitled to restitution for the amount of the payment.  



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us