Sec. 5. (a) Subject to subsection (b), if the victim or the victim’s heirs receive a damage award as a result of a civil action arising from the felonious act that has been charged, the person awarded the damages may petition the court for an order requiring the division to distribute money to the person from the escrow account.

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Terms Used In Indiana Code 5-2-6.3-5

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.3-1
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
     (b) The court may make an order under subsection (a) only for an amount equal to the amount by which the damage award exceeds the value of the defendant‘s assets that are in the defendant’s possession and that can be taken by the plaintiff to satisfy the damage award.

As added by P.L.47-1993, SEC.3.

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