49.450 Contracts regarding crime -- Money to be paid to Crime Victims
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/ky/49-450A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Compensation Board -- Disposition.
(1)Every person contracting with any person or the representative or assignee of any
person accused or convicted of a crime in this state, with respect to the reenactment
of such crime, by way of a movie, book, magazine article, radio, or television
presentation, live entertainment of any kind, or from the expression of such person's
thoughts, feelings, opinions, or emotions regarding such crime, shall pay over to the
Crime Victims Compensation Board any moneys which would otherwise, by terms
of such contract, be owing to the person so accused or convicted or his
representatives.
(2)After deducting all sums paid to the victim by the board, the board shall deposit
such moneys in its accounts for the benefit of and payable to any victim of crimes
committed by such person, provided that such person is eventually convicted of the
crime and provided further that such victim, within five
(5)years of the date of the
crime, brings a civil action in a court of competent jurisdiction and recovers a
money judgment against such person or his or her representatives.
(3)Upon disposition of charges favorable to any person accused of committing a crime,
or upon a showing by such person that five
(5)years have elapsed from the board's
receipt of such funds and that such person has not been convicted of said crime and
further that no actions are pending against such person in connection with the crime
or pursuant to this section, the board shall immediately pay over any such moneys to
such person.
(4)Notwithstanding any inconsistent provision of the civil practice law and rules with
respect to the timely bringing of an action, the five
(5)year period provided for in
subsection
(2)of this section shall not begin to run until the board has received such
moneys.
(5)Any action taken by any person convicted of a crime, whether by way of execution
of a power of attorney, creation of corporate entities, or otherwise, to defeat the
purpose of this section shall be null and void as against the public policy of this
state.
(6)The failure of a person to pay moneys to the board in accordance with subsection
(1)of this section shall create a debt due and owing to the board from that person
and shall constitute a preferential lien to the state which may be collected by the
board by civil process.