537.681. Eligibility requirements--waiver of certain requirements, when--incarcerated victim, procedure. - Missouri Statutes

Eligibility requirements--waiver of certain requirements,when--incarcerated victim, procedure.

537.681. 1. The following persons shall be eligible for compensationpursuant to sections 537.675 to 537.693:

(1) An uncompensated tort victim; and

(2) In the case of the death of the uncompensated tort victim as adirect result of the tort:

(a) The class of persons identified in subsection 1 of section537.080; and

(b) Any relative of the uncompensated tort victim who legally assumesthe obligation for, or who has incurred medical or burial expenses as adirect result of the tort at issue.

2. An uncompensated tort victim that is found personally liable on across-complaint of tort, or found to have been contributorily orcomparatively negligent, shall only be eligible to receive compensation tothe extent of the favorable net amount awarded by the judge or jury. Nouncompensated tort victim or other eligible claimant shall be deniedcompensation solely because such person is a relative of the tort-feasor orwas living with the tort-feasor as a family or household member at the timeof the injury or death. The division, however, may award compensation to avictim or other eligible claimant only if the division can reasonablydetermine that the tort-feasor will receive no substantial economic benefitor unjust enrichment from the compensation.

3. The division may waive the requirements of paragraph (e) ofsubdivision (5) of subsection 1 of section 537.675 if it determines thatthe interest of justice would be served by doing so.

4. In the case of an uncompensated tort victim or other eligibleclaimant who is incarcerated as a result of a conviction of a crime notrelated to the incident which is the basis for the claimant's application:

(1) The division shall suspend all proceedings and payments untilsuch time as the uncompensated tort victim or other eligible claimant isreleased from incarceration;

(2) The division shall notify the claimant at the time theproceedings are suspended of the right to reactivate the claim within sixmonths of his or her release from incarceration;

(3) The uncompensated tort victim or other eligible claimant may filean application to request that the case be reactivated not later than sixmonths after the date he or she is released from incarceration. Failure tofile such request within the six-month period shall serve as a bar to anyrecovery.

(L. 2001 H.B. 107)