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2020 Kentucky Revised Statutes
Chapter 49 - Kentucky claims commission
49.450 Contracts regarding crime -- Money to be paid to commission -- Disposition.

Universal Citation: KY Rev Stat § 49.450 (2020)
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49.450 Contracts regarding crime -- Money to be paid to commission -Disposition. (1) 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 commission any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives. (2) After deducting all sums paid to the victim by the commission, the commission 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. (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 commission'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 commission shall immediately pay over any such moneys to such person. (4) 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 commission has received such moneys. (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 failure of a person to pay moneys to the commission in accordance with subsection (1) shall create a debt due and owing to the commission from that person and shall constitute a preferential lien to the state which may be collected by the commission by civil process. Effective:June 29, 2017 History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 45, effective June 29, 2017. -- Created 1978 Ky. Acts ch. 297, sec. 1, effective June 17, 1978. Formerly codified as KRS 346.165.
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