                                 CODE OF VIRGINIA

SUBROGATION OF COMMONWEALTH TO CLAIMANT&#8217;S RIGHT OF ACTION; LIEN IN FAVOR
OF THE COMMONWEALTH; DISPOSITION OF FUNDS COLLECTED (§ 19.2-368.15)

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 § 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&#8217;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.
		Whenever 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 §
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&#8217;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 § 8.01-66.2. The injured person may file a petition or motion to
reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The
Fund&#8217;s lien shall become effective when notice is provided pursuant to §
8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.

HISTORY: 1976, c. 605; 1983, c. 227; 2013, c. 273; 2017, cc. 786, 814; 2018, cc.
316, 671.