§351-35  Recovery from offender. Whenever any person is convicted of an offense that includes any crimeenumerated in section 351-32 and an order or the payment of compensationis or has been made under this part for injury or death resulting from the actor omission constituting such offense, the commission may institute aderivative action against the person and against any person liable at law onthe person's behalf, in the name of the victim or such of the victim'sdependents as have been awarded compensation under this part in the circuitcourt of the circuit in which any such person resides or is found, for suchdamages as may be recoverable at common law by the victim or such dependentswithout reference to the payment of compensation under this part.  The courtshall have jurisdiction to hear, determine, and render judgment in any suchaction.  The time from the occurrence of the act or omission until convictionof the offense and, thereafter, as long as the offender is in confinement forconviction of the offense, shall not constitute any part of the time limitedfor the commencement of the action by the commission under the applicablestatute of limitations.  Any recovery in the action shall belong to the State,provided that the commission shall amend its order of compensation to providefor the payment of any portion of the recovery in excess of the amount ofcompensation prescribed in the order to any of the persons entitled to receivecompensation under section 351-31 in such proportions and upon suchterms as the commission shall deem appropriate.  If the legislature fails toappropriate funds to pay all or any part of the award of payment made by thecommission and there is a recovery of the money from the offender, thecommission shall pay all of such recovery to the claimant or such portionthereof, to the claimant as to the commission appears just and equitable, butin no case shall any claimant be given an award in excess of both the recoveryand the award. [L 1967, c 226, pt of §1; HRS §351-35; gen ch 1993; am L1998, c 240, §5]