§ 16-90-308 - Proceeds from sale of rights arising from criminal act.
16-90-308. Proceeds from sale of rights arising from criminal act.
(a) (1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to reenact the crime by use of any book, motion picture, magazine article, radio or television presentation, live entertainment, or any live or recorded presentation, or from the expression of his or her thoughts, opinions, or emotions regarding the crime, shall pay to the circuit court wherein the charges were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.
(2) The circuit court shall deposit the moneys in an escrow account for the benefit of and payable to any victim, or his or her legal representative, of crimes committed by the defendant.
(b) Payments from the account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge and that the defendant would otherwise be unable to afford adequate representation.
(c) (1) Payments from the account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.
(2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program.
(3) Upon the disposition of the criminal charges in favor of the defendant, money in the account shall be paid over to the defendant.
(d) The circuit court in which the charges were filed shall publish a notice in at least one (1) newspaper of general circulation in each county of the state one (1) time every year for four (4) years from the date the money is deposited with the court, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this section.