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346.165 Contracts regarding crime -- Money to be paid to board -Disposition.
(1)
(2)
(3)
(4)
(5)
(6)
Every person contracting with any person or the representative or assignee of
any person accused or convicted 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 board any moneys which would otherwise, by terms
of such contract, be owing to the person so accused or convicted or his
representatives.
After deducting all sums paid to the victim by the board, the board shall deposit
such moneys in its accounts 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 and provided further that such victim, within five (5)
years of the date of the crime, brings a civil action in a court of competent
jurisdiction and recovers a money judgment against such person or his
representatives.
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 board's receipt of such funds and that such person has not been convicted
of said crime and further that no actions are pending against such person in
connection with the crime or pursuant to this section, the board shall
immediately pay over any such moneys to such person.
Notwithstanding any inconsistent provision of the civil practice law and rules
with respect to the timely bringing of an action, the five (5) year period provided
for in subsection (2) of this section shall not begin to run until the board has
received such moneys.
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.
The failure of a person to pay moneys to the board in accordance with
subsection (1) shall create a debt due and owing to the board from that person
and shall constitute a preferential lien to the state which may be collected by
the board by civil process.
Effective:June 17, 1978
History: Created 1978 Ky. Acts ch. 297, sec. 1, effective June 17, 1978.
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