949.165 Escrow accounts; moneys received as a result of the commission of a serious crime.

460 words·~2 min read·/wi/chapter-949/949-165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Serious crime” has the meaning designated in s. 969.08

(b)and includes solicitation, conspiracy or attempt to commit a serious crime.

(b)“Victim” has the meaning specified in s. 950.02

(4).

(2)Payment to and establishment of escrow accounts. Every person or other legal entity contracting with any person, or the representative or assignee of any person, accused or convicted of a serious crime in this state, with respect to the reenactment of the serious crime, by a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, or from the expression of the accused or convicted person’s thoughts, feelings, opinions or emotions regarding the serious crime, shall submit a copy of the contract to the department and pay over to the department any moneys which would otherwise, by terms of the contract, be owing to the person so accused or convicted or his or her representatives. This subsection applies only if the reenactment of the serious crime constitutes a substantial portion of the movie, book, article, recording, record, presentation, entertainment or expression. The department shall deposit the moneys in an interest-bearing escrow account for the payment of money judgments to any victim or the legal representative of any victim of serious crimes committed by:

(a)The convicted person; or

(b)The accused person, but only if the accused person is eventually convicted of the serious crime charged.

(3)Notice to potential claimants. The department, at least once every 6 months for 3 years from the date it receives the moneys, shall cause to have published a legal notice in newspapers of general circulation in the county in which the serious crime was committed advising the victims that the escrow moneys are available to satisfy money judgments under this section. The department may provide for additional notice. When the department is reasonably satisfied that all victims have received actual notice, the department may cease to provide the notice required under this subsection.

(4)Priority of payments.

(a)Claims on moneys in an escrow account have the following priority:

1. First priority for legal representation payments under sub.

(5).

2. Second priority for payments to satisfy money judgments under sub.

(6).

3. Third priority for reimbursement, recoupment and restitution payments under sub.

(7).

(b)The department shall make payments from escrow accounts in accordance with the priority schedule under par.

(a). The department may make payments at any time from an escrow account, except that no payment may be made for a claim if there is another existing or pending claim entitled to a higher priority.