State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_37

§15A‑1340.37.  Effect of restitution order; beneficiaries.

(a)        An order providingfor restitution does not abridge the right of a victim or the victim's estateto bring a civil action against the defendant for damages arising out of theoffense committed by the defendant. Any amount paid by the defendant under theterms of a restitution order under this Article shall be credited against anyjudgment rendered against the defendant in favor of the same victim in a civilaction arising out of the criminal offense committed by the defendant.

(b)        The court may orderthe defendant to make restitution to a person other than the victim, or to anyorganization, corporation, or association, including the Crime VictimsCompensation Fund, that provided assistance to the victim following thecommission of the offense by the defendant and is subrogated to the rights ofthe victim. Restitution shall be made to the victim or the victim's estatebefore it is made to any other person, organization, corporation, or associationunder this subsection.

(c)        No governmentagency shall benefit by way of restitution except for particular damage or lossto it over and above its normal operating costs and except that the State mayreceive restitution for the total amount of a judgment authorized by G.S. 7A‑455(b).

(d)        No third partyshall benefit by way of restitution as a result of the liability of that thirdparty to pay indemnity to an aggrieved party for the damage or loss caused bythe defendant, but the liability of a third party to pay indemnity to anaggrieved party or any payment of indemnity actually made by a third party toan aggrieved party does not prohibit or limit in any way the power of the courtto require the defendant to make complete and full restitution to the aggrievedparty for the total amount of the damage or loss caused by the defendant. (1998‑212,s. 19.4(d).)