{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.15.html"}],"law_id":64326,"edition_id":1,"section_id":64326,"structure_id":14498,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant’s right of action; lien in favor of the Commonwealth; disposition of funds collected","history":"1976, c. 605; 1983, c. 227; 2013, c. 273; 2017, cc. 786, 814; 2018, cc. 316, 671.","full_text":"Acceptance of an award made pursuant to this chapter shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. However, except as otherwise provided in subsection J of \u00a7 19.2-305.1, the Commonwealth shall not institute any proceedings in connection with its right of subrogation under this section within one year from the date of commission of the crime, unless any claimant or victim’s right or action shall have been previously terminated. All funds collected by the Commonwealth in a proceeding instituted pursuant to this section shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund.\n\t\tWhenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund’s lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by \u00a7 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to \u00a7 8.01-66.9. The Fund’s lien shall become effective when notice is provided pursuant to \u00a7 8.01-66.5 and liability shall attach pursuant to \u00a7 8.01-66.6.","order_by":null,"text":{"0":{"id":234116,"text":"Acceptance of an award made pursuant to this chapter shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. However, except as otherwise provided in subsection J of \u00a7 19.2-305.1, the Commonwealth shall not institute any proceedings in connection with its right of subrogation under this section within one year from the date of commission of the crime, unless any claimant or victim’s right or action shall have been previously terminated. All funds collected by the Commonwealth in a proceeding instituted pursuant to this section shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund.\n\t\tWhenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund’s lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by \u00a7 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to \u00a7 8.01-66.9. The Fund’s lien shall become effective when notice is provided pursuant to \u00a7 8.01-66.5 and liability shall attach pursuant to \u00a7 8.01-66.6.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14498,"edition_id":1,"name":"Compensating Victims of Crime","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:22","date_modified":"2026-06-26 03:48:22","permalink":{"id":170139,"object_type":"structure","relational_id":14498,"identifier":"21.1","token":"19.2\/21.1","url":"\/19.2\/21.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55906,"structure_id":14498,"section_number":"19.2-368.1","catch_line":"Findings; legislative intent","url":"\/19.2-368.1\/","token":"19.2\/21.1\/19.2-368.1","metadata":false},{"id":55954,"structure_id":14498,"section_number":"19.2-368.10","catch_line":"When awards to be made; reporting crime to law enforcement","url":"\/19.2-368.10\/","token":"19.2\/21.1\/19.2-368.10","metadata":false},{"id":79749,"structure_id":14498,"section_number":"19.2-368.11","catch_line":"Repealed","url":"\/19.2-368.11\/","token":"19.2\/21.1\/19.2-368.11","metadata":false},{"id":76311,"structure_id":14498,"section_number":"19.2-368.11:1","catch_line":"Amount of award","url":"\/19.2-368.11_1\/","token":"19.2\/21.1\/19.2-368.11_1","metadata":false},{"id":81425,"structure_id":14498,"section_number":"19.2-368.12","catch_line":"Awards not subject to execution or attachment; apportionment; reductions","url":"\/19.2-368.12\/","token":"19.2\/21.1\/19.2-368.12","metadata":false},{"id":57970,"structure_id":14498,"section_number":"19.2-368.13","catch_line":"Repealed","url":"\/19.2-368.13\/","token":"19.2\/21.1\/19.2-368.13","metadata":false},{"id":57918,"structure_id":14498,"section_number":"19.2-368.14","catch_line":"Public record; exception","url":"\/19.2-368.14\/","token":"19.2\/21.1\/19.2-368.14","metadata":false},{"id":64326,"structure_id":14498,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","url":"\/19.2-368.15\/","token":"19.2\/21.1\/19.2-368.15","metadata":false},{"id":60267,"structure_id":14498,"section_number":"19.2-368.16","catch_line":"Claims to be made under oath","url":"\/19.2-368.16\/","token":"19.2\/21.1\/19.2-368.16","metadata":false},{"id":57112,"structure_id":14498,"section_number":"19.2-368.17","catch_line":"Public information program","url":"\/19.2-368.17\/","token":"19.2\/21.1\/19.2-368.17","metadata":false},{"id":63415,"structure_id":14498,"section_number":"19.2-368.18","catch_line":"Criminal Injuries Compensation Fund","url":"\/19.2-368.18\/","token":"19.2\/21.1\/19.2-368.18","metadata":false},{"id":69386,"structure_id":14498,"section_number":"19.2-368.2","catch_line":"Definitions","url":"\/19.2-368.2\/","token":"19.2\/21.1\/19.2-368.2","metadata":false},{"id":82147,"structure_id":14498,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","url":"\/19.2-368.3\/","token":"19.2\/21.1\/19.2-368.3","metadata":false},{"id":73425,"structure_id":14498,"section_number":"19.2-368.3:1","catch_line":"Crime victims' ombudsman","url":"\/19.2-368.3_1\/","token":"19.2\/21.1\/19.2-368.3_1","metadata":false},{"id":68295,"structure_id":14498,"section_number":"19.2-368.4","catch_line":"Persons eligible for awards","url":"\/19.2-368.4\/","token":"19.2\/21.1\/19.2-368.4","metadata":false},{"id":78180,"structure_id":14498,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","url":"\/19.2-368.5\/","token":"19.2\/21.1\/19.2-368.5","metadata":false},{"id":69624,"structure_id":14498,"section_number":"19.2-368.5:1","catch_line":"Failure to perfect claim; denial","url":"\/19.2-368.5_1\/","token":"19.2\/21.1\/19.2-368.5_1","metadata":false},{"id":79106,"structure_id":14498,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","url":"\/19.2-368.5_2\/","token":"19.2\/21.1\/19.2-368.5_2","metadata":false},{"id":78054,"structure_id":14498,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","url":"\/19.2-368.6\/","token":"19.2\/21.1\/19.2-368.6","metadata":false},{"id":72327,"structure_id":14498,"section_number":"19.2-368.7","catch_line":"Review by Commission","url":"\/19.2-368.7\/","token":"19.2\/21.1\/19.2-368.7","metadata":false},{"id":79821,"structure_id":14498,"section_number":"19.2-368.8","catch_line":"Reinvestigation of decision; reconsideration of award; judicial review","url":"\/19.2-368.8\/","token":"19.2\/21.1\/19.2-368.8","metadata":false},{"id":69058,"structure_id":14498,"section_number":"19.2-368.9","catch_line":"Emergency awards","url":"\/19.2-368.9\/","token":"19.2\/21.1\/19.2-368.9","metadata":false}],"previous_section":{"id":57918,"structure_id":14498,"section_number":"19.2-368.14","catch_line":"Public record; exception","url":"\/19.2-368.14\/","token":"19.2\/21.1\/19.2-368.14","metadata":false},"next_section":{"id":60267,"structure_id":14498,"section_number":"19.2-368.16","catch_line":"Claims to be made under oath","url":"\/19.2-368.16\/","token":"19.2\/21.1\/19.2-368.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.15\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 605 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 227; in 2013, chapter 273<\/a>; in 2017, chapters 786<\/a> and 814<\/a>; in 2018, chapters 316<\/a> and 671<\/a>.<\/p>","references":[{"id":78180,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","order_by":null,"url":"\/19.2-368.5\/"},{"id":85213,"section_number":"8.01-66.5","catch_line":"Written notice required","order_by":null,"url":"\/8.01-66.5\/"},{"id":54881,"section_number":"8.01-66.6","catch_line":"Liability for reasonable charges for services","order_by":null,"url":"\/8.01-66.6\/"}],"refers_to":[{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":82895,"section_number":"2.2-514","catch_line":"Compromise and settlement of disputes","order_by":null,"url":"\/2.2-514\/"},{"id":57933,"section_number":"8.01-66.2","catch_line":"Lien against person whose negligence causes injury","order_by":null,"url":"\/8.01-66.2\/"},{"id":85213,"section_number":"8.01-66.5","catch_line":"Written notice required","order_by":null,"url":"\/8.01-66.5\/"},{"id":54881,"section_number":"8.01-66.6","catch_line":"Liability for reasonable charges for services","order_by":null,"url":"\/8.01-66.6\/"},{"id":72844,"section_number":"8.01-66.9","catch_line":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","order_by":null,"url":"\/8.01-66.9\/"}],"permalink":{"id":170169,"object_type":"law","relational_id":64326,"identifier":"19.2-368.15","token":"19.2\/21.1\/19.2-368.15","url":"\/19.2-368.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.15\/","token":"19.2\/21.1\/19.2-368.15","dublin_core":{"Title":"Subrogation of Commonwealth to claimant’s right of action; lien in favor of the Commonwealth; disposition of funds collected","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Acceptance of an award made pursuant to this chapter shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant<\/span> or the victim<\/span> to recover payments on account of losses resulting from the crime<\/span> with respect to which the award is made. However, except as otherwise provided in subsection J of \u00a7 19.2-305.1<\/a>, the Commonwealth shall not institute any proceedings in connection with its right of subrogation under this section within one year from the date of commission<\/span> of the crime<\/span>, unless any claimant<\/span> or victim<\/span>’s right or action shall have been previously terminated. All funds collected by the Commonwealth in a proceeding instituted pursuant to this section shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund.\n\t\tWhenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien<\/span> for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514<\/a>, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund’s lien<\/span> shall be inferior to any lien<\/span> for payment of reasonable attorney fees and costs, but shall be superior to all other liens<\/span> created by \u00a7 8.01-66.2<\/a>. The injured person may file a petition<\/span> or motion<\/span> to reduce the lien<\/span> and apportion the recovery pursuant to \u00a7 8.01-66.9<\/a>. The Fund’s lien<\/span> shall become effective when notice is provided pursuant to \u00a7 8.01-66.5<\/a> and liability shall attach pursuant to \u00a7 8.01-66.6<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBROGATION OF COMMONWEALTH TO CLAIMANT’S RIGHT OF ACTION; LIEN IN FAVOR\nOF THE COMMONWEALTH; DISPOSITION OF FUNDS COLLECTED (\u00a7 19.2-368.15)\n\nAcceptance of an award made pursuant to this chapter shall subrogate the\nCommonwealth, to the extent of such award, to any right or right of action\naccruing to the claimant or the victim to recover payments on account of losses\nresulting from the crime with respect to which the award is made. However,\nexcept as otherwise provided in subsection J of \u00a7 19.2-305.1, the Commonwealth\nshall not institute any proceedings in connection with its right of subrogation\nunder this section within one year from the date of commission of the crime,\nunless any claimant or victim’s right or action shall have been previously\nterminated. All funds collected by the Commonwealth in a proceeding instituted\npursuant to this section shall be paid over to the Comptroller for deposit into\nthe Criminal Injuries Compensation Fund.\n\t\tWhenever any person receives an award from the Criminal Injuries Compensation\nFund, the Commonwealth shall have a lien for the total amount paid by the Fund,\nor any portion thereof compromised pursuant to the authority granted under \u00a7\n2.2-514, on the claim of such injured person or his personal representative\nagainst the person, firm, or corporation who is alleged to have caused such\ninjuries. The Fund’s lien shall be inferior to any lien for payment of\nreasonable attorney fees and costs, but shall be superior to all other liens\ncreated by \u00a7 8.01-66.2. The injured person may file a petition or motion to\nreduce the lien and apportion the recovery pursuant to \u00a7 8.01-66.9. The\nFund’s lien shall become effective when notice is provided pursuant to \u00a7\n8.01-66.5 and liability shall attach pursuant to \u00a7 8.01-66.6.\n\nHISTORY: 1976, c. 605; 1983, c. 227; 2013, c. 273; 2017, cc. 786, 814; 2018, cc.\n316, 671.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}