Effective 28 Aug 2009

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 restitution. — 1. Acceptance of any compensation under sections 595.010 to 595.075 shall subrogate this state, to the extent of such compensation paid, to any right or right of action accruing to the claimant or to the victim to recover payments on account of losses resulting from the crime with respect to which the compensation has been paid. The attorney general may enforce the subrogation, and he shall bring suit to recover from any person to whom compensation is paid, to the extent of the compensation actually paid under sections 595.010 to 595.075, any amount received by the claimant from any source exceeding the actual loss to the victim.

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

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

4. Whenever compensation is awarded to a claimant who is entitled to restitution from a criminal defendant, the department may initiate restitution hearings in such criminal proceedings or intervene in the same. The department shall be entitled to receive restitution in such proceedings to the extent compensation was awarded; provided, however, the department shall be exempt from the payment of any fees or other charges for the recording 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 any amount 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 exercise any of its powers or to carry out any of its duties or responsibilities, the attorney general may initiate legal proceedings or intervene in legal proceedings as the department's legal representative.

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