Sec. 2. (a) The office may not make a payment to a qualifying individual under section 1(c) of this chapter unless the party ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution ordered by the court in the order described in IC 24-10-1-3(2).

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Terms Used In Indiana Code 24-10-2-2

  • fund: refers to the consumer protection assistance fund established by IC 24-10-2-1. See Indiana Code 24-10-1-1
  • office: refers to the office of attorney general created by IC 4-6-1-2. See Indiana Code 24-10-1-2
  • qualifying claim: means a claim that:

    Indiana Code 24-10-1-3

  • qualifying individual: means an Indiana resident who:

    Indiana Code 24-10-1-4

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
     (b) A qualifying individual who seeks payment from the fund of any amount of the restitution:

(1) ordered by the court to be paid to the individual; and

(2) not paid by the party ordered to pay the restitution;

may file a claim with the office on a form prescribed by the office. A claim filed under this section must be received by the office not later than one hundred eighty (180) days after the date of the order described in IC 24-10-1-3(2). The office may grant an extension of time for good cause shown by the individual filing the claim. However, the office may not accept a claim that is received more than two (2) years after the date of the order described in IC 24-10-1-3(2).

     (c) The personal information (as defined in IC 4-1-11-3) of an individual who files a claim with the office under subsection (b) is confidential and may not be disclosed or distributed outside the office, except as may be required by law.

     (d) Upon receiving a qualifying claim, the office may pay, from money available in the fund, to each qualifying individual identified in the claim under IC 24-10-1-3(3), an amount that:

(1) is determined at the discretion of the office;

(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the party ordered to pay the restitution; and

(3) may not exceed three thousand dollars ($3,000).

     (e) The limits set forth in subsection (d) do not prohibit a qualifying individual from seeking to recover, in any action or through any other lawful remedy available to the individual, any amount of the restitution that:

(1) is awarded to the qualifying individual in the order described in IC 24-10-1-3(2);

(2) is not paid by the party ordered to pay the restitution; and

(3) exceeds the amount paid to the qualifying individual by the office under subsection (d).

As added by P.L.121-2011, SEC.2.

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