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§ 11.1301. Subrogation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 2. Crime Victims Act (Refs & Annos)
Chapter 13. Enforcement
Effective: September 9, 2022
18 P.S. § 11.1301
§ 11.1301. Subrogation
<Section 16 of Act 2022, July 11, P.L. 775, No. 77, provides that the amendment of this section by that Act shall apply to claims where the crime occurred after April 7, 2023.>
(a) General rule.--Payment of an award made under Chapter 71 shall subrogate the Commonwealth, to the extent of the payment, to any right of action against any person accruing to the claimant, the direct victim or the intervenor to recover losses resulting from the crime with respect to which the award is made. In such a case, the Commonwealth shall be entitled to bring an action against the person causing or otherwise liable for the personal injuries or death for which the payment was made. Money recovered under this section shall be deposited in the Crime Victim's Compensation Fund established in section 1101(b)(1).2
(b) Excess.--If an amount greater than that paid under Chapter 7 is recovered and collected in such an action, the Commonwealth shall pay the balance to the claimant. The Attorney General shall enforce any subrogation. A claimant who fails to notify the Office of Victims' Services of the receipt of funds from any other claim or award arising out of the crime shall forfeit and pay to the Commonwealth an amount equal to all awards paid by the Office of Victims' Services to the claimant or on the claimant's behalf.

Credits

1998, Nov. 24, P.L. 882, No. 111, § 1301, imd. effective. Amended 2002, June 28, P.L. 496, No. 85, § 6, effective in 60 days; 2022, July 11, P.L. 775, No. 77, § 12, effective in 60 days [Sept. 9, 2022].

Footnotes

18 P.S. § 11.701 et seq.
18 P.S. § 11.1101.
18 P.S. § 11.1301, PA ST 18 P.S. § 11.1301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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