2005 Idaho Code - 19-5301 — DISTRIBUTION OF MONEYS RECEIVED AS A RESULT OF THE COMMISSION OF CRIME

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 53
                      COMPENSATION OF VICTIMS OF CRIMES
    19-5301.  DISTRIBUTION OF MONEYS RECEIVED AS A RESULT OF THE COMMISSION OF
CRIME. (1) Every person, firm, corporation, partnership, association or other
legal entity contracting with any person or the representative or assignee of
any person, accused of a crime in this state, with respect to the reenactment
of such crime, by way of a movie, book, magazine article, radio or television
presentation, live entertainment of any kind, or from the expression of such
person's thoughts, feelings, opinions or emotions regarding such crime, shall
pay over to the state treasurer any moneys which would otherwise, by terms of
such contract, be owing to the person so convicted or his representatives. The
state treasurer shall deposit such moneys in an escrow account for the benefit
of and payable to any victim of crimes committed by such person, provided that
such person is eventually convicted of the crime or is acquitted on the ground
of mental disease or defect excluding responsibility and provided further that
such victim, or his personal representative, within five (5) years of the date
the escrow account has been established, brings a civil action in a court of
competent jurisdiction and recovers a money judgment against such person or
his representatives.
    (2)  The state treasurer, at least once every six (6) months for five (5)
years from the date it receives such moneys, shall cause to have published a
legal notice in newspapers of general circulation in the county of the state
where the crime was committed advising such victims that such escrow moneys
are available to satisfy money judgments pursuant to this section.
    (3)  Upon disposition of charges favorable to any person accused of
committing a crime, or upon a showing by such person that five (5) years have
elapsed from the establishment of such escrow account and further that no
actions are pending against such person, pursuant to this section the board
shall immediately pay over any moneys in the escrow account to such person.
    (4)  Notwithstanding the foregoing provisions of this section the state
treasurer shall make payments from an escrow account to any person accused of
crime upon the order of a court of competent jurisdiction after a showing by
such person that such moneys shall be used for the exclusive purpose of
retaining legal representation at any stage of the proceedings against such
person, including the appeals process.
    (5)  Any action taken by any person convicted of a crime, whether by way
of execution of a power of attorney, creation of corporate entities or
otherwise, to defeat the purpose of this section shall be null and void as
against the public policy of this state.
    (6)  The state treasurer may invest the moneys in any escrow account
hereunder in any United States government notes or securities.
    (7)  The attorney general or any other person may bring an action in a
court of competent jurisdiction to require the deposit of moneys in an escrow
account as provided in this section.