§351-35  Recovery from offender. 
Whenever any person is convicted of an offense that includes any crime
enumerated in section 351-32 and an order or the payment of compensation
is or has been made under this part for injury or death resulting from the act
or omission constituting such offense, the commission may institute a
derivative action against the person and against any person liable at law on
the person's behalf, in the name of the victim or such of the victim's
dependents as have been awarded compensation under this part in the circuit
court of the circuit in which any such person resides or is found, for such
damages as may be recoverable at common law by the victim or such dependents
without reference to the payment of compensation under this part.  The court
shall have jurisdiction to hear, determine, and render judgment in any such
action.  The time from the occurrence of the act or omission until conviction
of the offense and, thereafter, as long as the offender is in confinement for
conviction of the offense, shall not constitute any part of the time limited
for the commencement of the action by the commission under the applicable
statute of limitations.  Any recovery in the action shall belong to the State,
provided that the commission shall amend its order of compensation to provide
for the payment of any portion of the recovery in excess of the amount of
compensation prescribed in the order to any of the persons entitled to receive
compensation under section 351-31 in such proportions and upon such
terms as the commission shall deem appropriate.  If the legislature fails to
appropriate funds to pay all or any part of the award of payment made by the
commission and there is a recovery of the money from the offender, the
commission shall pay all of such recovery to the claimant or such portion
thereof, to the claimant as to the commission appears just and equitable, but
in no case shall any claimant be given an award in excess of both the recovery
and the award. [L 1967, c 226, pt of §1; HRS §351-35; gen ch 1993; am L
1998, c 240, §5]