§ 12-25.1-3 - Confiscation of criminal royalties – Criminal royalties fund – Priority of claims against criminal royalties fund.
SECTION 12-25.1-3
§ 12-25.1-3 Confiscation of criminalroyalties – Criminal royalties fund – Priority of claims againstcriminal royalties fund. – (a) Every person, firm, corporation, partnership, association, or other legalentity contracting with a criminally responsible person, alleged criminallyresponsible person, or with the legal representative or assignee of the personregarding the commercial exploitation of the events and circumstancesconstituting and/or surrounding and/or motivating the crime or alleged crimeshall submit a copy of the contract, within ten (10) days of the making of thecontract, to the general treasurer and shall pay over to the general treasurer,within ten (10) days of it becoming due and payable, any and all monies orother compensation which would otherwise by the terms of the contract be dueand payable to or distributed at the direction of that person. All rights,causes of action, or other entitlements accruing to any criminally responsibleperson, alleged criminally responsible person, or the legal representative orassignee of the person for the commercial exploitation shall inure to and beenforceable by the general treasurer for the benefit of the criminal royaltiesfund established by this chapter.
(b) All monies paid to or recovered by the general treasurerpursuant to subsection (a) of this section shall be collectively known as the"criminal royalties fund." Except as required for payment of awards under thischapter, the general treasurer shall manage and invest the criminal royaltiesfund in accordance with § 35-10-11.
(c) Claims against any portion of the criminal royalties fundattributable to a specific criminally responsible person shall have thefollowing priorities:
(i) Claims by the state for costs incurred in providingdefense counsel for the criminally responsible person by means of the publicdefender or a court appointed attorney;
(ii) Claims by the state and its political subdivisions forcosts incurred in the investigation of the crime and the prosecution and trialof the criminally responsible person;
(iii) Claims by the victim or victims of the criminallyresponsible person pursuant to § 12-25.1-4;
(iv) Claims by the state pursuant to § 12-25-26;
(v) Civil judgments in favor of the victim or victims of thecriminally responsible person;
(vi) After claims arising under paragraphs (i) – (v) ofthis subdivision have been resolved and the statute of limitations for theclaims has expired, one-half ( 1/2) of the remainder of the funds attributableto a specific criminally responsible person shall be transferred to the violentcrimes indemnity fund established by § 12-25-28;
(vii) Claims by other creditors of the criminally responsibleperson; and
(viii) Claims by the criminally responsible person or personsclaiming through him or her.
(2) Claims against the criminal royalties fund shall be madeagainst the portion of the fund attributable to the specific criminallyresponsible person and not against the fund as a whole. No payment shall bemade out of the fund when that payment would be in derogation of claims, eitherpresent or pending, entitled to a higher priority under this subsection. Thegeneral treasurer may bring an action of interpleader or an action for adeclaratory judgment where he or she cannot determine the priority of claimsand the proper disposition of funds. Monies in the fund shall not be subject toexecution, levy, attachment, or lien except in accordance with the prioritiesset forth in this subsection. Any party aggrieved by a final determination andorder of the general treasurer arising from his administration of the criminalroyalties fund may seek judicial review of the decision pursuant to TheAdministrative Procedures Act, chapter 35 of title 42.