595.040. Subrogation, state's right, when--attorney general to bring action--lien for injuries, proceeding by claimant to recover damages, department may intervene--department may receive restitut - Missouri Statutes

Subrogation, state's right, when--attorney general to bringaction--lien for injuries, proceeding by claimant to recoverdamages, department may intervene--department may receiverestitution.

595.040. 1. Acceptance of any compensation under sections 595.010 to595.075 shall subrogate this state, to the extent of such compensationpaid, to any right or right of action accruing to the claimant or to thevictim to recover payments on account of losses resulting from the crimewith respect to which the compensation has been paid. The attorney generalmay enforce the subrogation, and he shall bring suit to recover from anyperson to whom compensation is paid, to the extent of the compensationactually paid under sections 595.010 to 595.075, any amount received by theclaimant from any source exceeding the actual loss to the victim.

2. The department shall have a lien on any compensation received bythe claimant, in addition to compensation received under provisions ofsections 595.010 to 595.075, for injuries or death resulting from theincident upon which the claim is based. The claimant shall retain, astrustee for the department, so much of the recovered funds as necessary toreimburse the Missouri crime victims' compensation fund to the extent thatcompensation was awarded to the claimant from that fund.

3. If a claimant initiates any legal proceeding to recoverrestitution or damages related to the crime upon which the claim is based,or if the claimant enters into negotiations to receive any proceeds insettlement of a claim for restitution or damages related to the crime, theclaimant shall give the department written notice within fifteen days ofthe filing of the action or entering into negotiations. The department mayintervene in the proceeding of a complainant to recover the compensationawarded. If a claimant fails to give such written notice to thedepartment within the stated time period, or prior to any attempt byclaimant to reach a negotiated settlement of claims for recovery of damagesrelated to the crime upon which the claim is based, the department's rightof subrogation to receive or recover funds from claimant, to the extentthat compensation was awarded by the department, shall not be reduced inany amount or percentage by the costs incurred by claimant attributable tosuch legal proceedings or settlement, including, but not limited to,attorney's fees, investigative cost or cost of court. If such notice isgiven, attorney fees may be awarded in an amount not to exceed fifteenpercent of the amount subrogated to the department.

4. Whenever compensation is awarded to a claimant who is entitled torestitution from a criminal defendant, the department may initiaterestitution hearings in such criminal proceedings or intervene in the same.The department shall be entitled to receive restitution in such proceedingsto the extent compensation was awarded; provided, however, the departmentshall be exempt from the payment of any fees or other charges for therecording of restitution orders in the offices of the judges of probate.The claimant shall notify this department when restitution is ordered.Failure to notify the department will result in possible forfeiture of anyamount already received from the department.

5. Whenever the department shall deem it necessary to protect,maintain or enforce the department's right to subrogation or to exerciseany of its powers or to carry out any of its duties or responsibilities,the attorney general may initiate legal proceedings or intervene in legalproceedings as the department's legal representative.

(L. 1981 H.B. 41, et al. § 7, A.L. 1994 S.B. 554, A.L. 2009 S.B. 338)