Title 17, Chapter 14, Section 31
( 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. |