HB1249.html

17-14-30.
As used in this article, the term:
(1) 'Board' means the Board of Corrections.
(2) 'Convicted person' includes a person found not guilty by reason of insanity.
(3) 'Victim' means any natural person or his or her personal representative or any firm, partnership, association, public or private corporation, or governmental entity suffering damages caused by an offender´s unlawful act.
17-14-31.
(a)(1)(A) 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 or her representatives.
(B) Every person, firm, corporation, partnership, association, or other legal entity, including any unit of state or local government, which is otherwise obligated to pay any moneys in excess of $5,000.00 to any person who has been accused or convicted of a crime in this state and is in the custody of the Department of Corrections or under supervision by the state probation system or the state parole system or the representative or assignee of such person shall pay over to the board any such moneys which would be otherwise owing to the accused or convicted person or to his or her 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; provided, however, that with respect to moneys received under subparagraph (a)(1)(B) of this Code section, if the board determines that there were no victims of the crime, the board shall not deposit such moneys into escrow but shall instead pay such moneys over to the person accused or convicted of the crime or to his or her representatives.
(3)(A) 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 or her representatives.
(B) Notwithstanding any other provision of law, a civil action against a person accused or convicted of a crime may be brought within five years after a payment to the board of moneys otherwise payable to such person or his or her representatives if the civil action arises out of or is substantially related to the crime of which such person is accused or convicted; and this five-year period shall serve either to extend any otherwise applicable period of limitations or to revive any otherwise expired claim.
(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 or her 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 her or to assist in his or her 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.

17-14-32.
(a) It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to fail to comply with this article.
(b) Any person, firm, corporation, partnership, association, or other legal entity violating this article shall be guilty of a misdemeanor and shall additionally be civilly liable to any crime victim for any monetary loss suffered by the crime victim as a result of such failure to comply.
(c) Each day that a person, firm, corporation, partnership, association, or other legal entity continues in violation of this article shall constitute a separate offense."