17-14-31
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17-14-31.
(a)(1)
Every person, firm, corporation, partnership, association, or other legal entity
contracting with any person or with the representative or assignee of any person
who has been accused or convicted of a crime in this state with respect to the
reenactment of the crime by way of a movie, book, magazine article, tape
recording, phonograph record, radio or television presentation, or live
entertainment of any kind or with respect to the expression of the accused or
convicted person´s thoughts, feelings, opinions, or emotions regarding the
crime shall submit a copy of the contract to the board and shall pay over to the
board any moneys which would otherwise, by the terms of the contract, be owing
to the accused or convicted person or to his representatives.
(2)
The board shall deposit such moneys in an escrow account for the benefit of and
payable to any victim or the legal representative of any victim of crimes
committed by the accused or convicted person.
(3)
Payments may be made pursuant to paragraph (2) of this subsection only if the
accused person is eventually convicted or enters a plea of guilty of the crime
and if the victim, within five years of the date of the establishment of the
escrow account, brings a civil action in a court of competent jurisdiction and
recovers a money judgment for damages against the convicted or accused person or
his representatives.
(4)
It shall be the duty of the victim, the victim´s attorney, or the
victim´s representative to notify the board within 30 days of the filing of
any claim under this article.
(b)
At least once every six months for five years from the date it receives such
moneys, the board shall cause to have published a legal notice in newspapers of
general circulation in the county in which the crime was committed and in
counties contiguous to such county, advising victims of the crime that escrow
moneys are available to satisfy money judgments pursuant to this Code section.
(c)
Upon dismissal of charges or acquittal of any accused person, the board shall
immediately pay over to the accused person the moneys in the escrow account
established on behalf of the accused person.
(d)
Upon a showing by any convicted person that five years have elapsed from the
establishment of the escrow account and that no actions are pending against the
convicted person pursuant to this Code section, the board shall immediately pay
over any moneys in the escrow account to the person or his legal
representatives.
(e)
Whenever it is found that a person accused of a crime is unfit to proceed to
trial as a result of insanity because the person lacks capacity to understand
the proceedings against him or to assist in his own defense, the board shall
bring an action of interpleader to determine the disposition of the escrow
account.
(f)
Any excess which remains in the escrow account or is deposited into the account
after all money judgments have been satisfied shall be paid over into the state
treasury as compensation for the establishment, administration, and execution of
this article.
(g)
The board shall make payments from the escrow account to any person accused or
convicted of crime, upon the order of a court of competent jurisdiction, after a
showing by the person that the moneys shall be used for the exclusive purpose of
retaining legal representation at any stage of the proceedings against the
person, including the appeals process.
(h)
The board shall disburse payments from the escrow account on a pro rata basis of
all claims filed, according to the amount of money in the escrow account as
compared to the amount of each claim. The sums are not to be disbursed until all
pending claims have been settled or reduced to judgment.
(i)
Any action taken by a person who is accused or convicted of a crime or who
enters a plea of guilty, whether by way of execution of a power of attorney,
creation of corporate entities, or otherwise, to defeat the purpose of this Code
section shall be null and void as against the public policy of this state.