19.2-368.20 - Special order of escrow.
§ 19.2-368.20. Special order of escrow.
A. Any proceeds or profits received or to be received directly or indirectly,except property that may be forfeited to the Commonwealth pursuant to §§19.2-386.15 through 19.2-386.31, by a defendant or a transferee of thatdefendant from any source, as a direct or indirect result of his crime orsentence, or the notoriety which such crime or sentence has conferred uponhim, shall be subject to a special order of escrow.
B. Income from the defendant's employment in a position unrelated to hiscrime or the notoriety which such crime has conferred upon him but obtainedthrough the assistance of or rehabilitative training by correctional ormental health programs or personnel shall not be subject to a special orderof escrow under this section, and nothing in this section shall be construedto prohibit or hinder the return of property belonging to victims of crime toits rightful owners. Any proceeds from a contract relating to a depiction ordiscussion of the defendant's crime in a movie, book, newspaper, magazine,radio or television production, or live entertainment or publication of anykind shall not be subject to a special order of escrow unless an integralpart of the work is a depiction or discussion of the defendant's crime or animpression of the defendant's thoughts, opinions, or emotions regarding suchcrime.
C. Upon petition of the attorney for the Commonwealth filed at any time afterconviction of such defendant or his acquittal by reason of insanity and afternotice to the interested parties, a hearing upon the motion and a finding forthe Commonwealth, for good cause shown, any circuit court in which thepetition is filed shall order that such proceeds be subject to a specialorder of escrow.
1. The petition shall be filed in the circuit court of the jurisdiction wherethe defendant was convicted or acquitted by reason of insanity.
2. The petition shall set forth in general terms the causes for entry of thespecial order of escrow, and be signed by the attorney for the Commonwealth.
3. Upon the filing of the petition, the clerk shall forthwith issue a warrantdirected to the sheriff or other law-enforcement officer of the county orcity, commanding him to take the property into his possession and hold thesame subject to further proceedings in the cause. If for any cause thewarrant was not executed, other like warrants may be successively issueduntil one is executed. The officer serving the warrant shall take theproperty into his possession and forthwith return the warrant and report tothe clerk in writing.
4. Any person concerned in interest may appear and make defense to thepetition, which may be done by answer on oath.
5. When the case is ready for trial, such issues of fact as are made by thepleadings, or as the court may direct, the court shall determine the wholematter of law and fact.
6. Expenses and costs incurred in the proceedings shall be paid as the court,in its discretion, shall determine; except that no costs shall be adjudgedagainst the Commonwealth.
An order issued under this section shall require that the defendant and theperson with whom the defendant contracts pay to the Division any proceeds duethe defendant under the contract and the proceeds shall be placed in aspecial escrow account for the victims of the defendant's crime.
(1990, c. 549; 1992, c. 681; 2006, c. 414.)