Section 49.390 - Reduction of award - Basis of denial, reconsideration, or reduction of award(1) Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount of any payments received or to be received by the claimant as a result of the injury from the following sources: (a) From or on behalf of the person who committed the crime;(b) Under insurance programs mandated by law;(d) Under any contract of insurance wherein the claimant is the insured or beneficiary;(e) As an emergency award pursuant to KRS 49.360; and(f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the crime.(2) The board may deny, reconsider, or reduce an award if the board finds that, in relation to the criminally injurious conduct alleged in the claim, the victim or claimant: (a) Has been charged with a criminal offense;(b) Has been offered immunity from prosecution in exchange for testimony;(c) Knowingly participated in the conduct; or(d) Engaged in conduct which may constitute mutual aggression with another person.Effective: June 29, 2021
Amended 2021 Ky. Acts ch. 185, sec. 46, effective June 29, 2021. -- Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 39, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 69, sec. 5, effective June 25, 2013. -- Amended 1980 Ky. Acts ch. 172, sec. 5, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 263, sec. 14.
Amended by 2024 Ky. Acts ch. 67,§ 9, eff. 7/15/2024.Amended by 2021 Ky. Acts ch. 185,§ 46, eff. 6/29/2021.Added by 2017 Ky. Acts ch. 74,§ 39, eff. 6/29/2017.Formerly codified asKRS 346.140.