Sec. 18. (a) The
division may not award
restitution assistance under this chapter on behalf of a
victim whose award of restitution under a court or administrative order is overturned on
appeal.
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Terms Used In Indiana Code 23-20-1-18
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
- division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-20-1-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7
(b) If:
(1) restitution assistance is awarded under this chapter; and
(2) after the award of restitution assistance under this chapter, the victim’s award of restitution under a court or administrative order is overturned on appeal;
the claimant shall forfeit the restitution assistance received under this chapter.
As added by P.L.114-2010, SEC.12.