H*2365 Session 103 (1979-1980)
H*2365(Rat #0425, Act #0372 of 1980) General Bill, By M.S. Gulledge,
R.K. Anderson, Carnell, C.D. Chamblee, W.R. Crow, C.T. Hinson, T.L. Hughston,
J.R. Klapman, J.G. McAbee, M.E. Nunnery and N.C. Russell
A Bill to require funds paid to or contracted to be paid to persons convicted
with a crime in payment for interviews, books, articles, movies or news media
appearances depicting or reenacting the crime charged to be escrowed until a
final disposition of the crime charged; to create a lien in favor of victims
of the crime on such escrowed funds if the person to whom they are paid is
convicted and authorize civil actions by victims of the crime to recover
escrowed funds; and to amend Section 44-53-520, Code of Laws of South
Carolina, 1976, relating to the forfeiture of property seized in connection
with drug arrests, so as to include certain monies seized at the time of such
arrest.-at
01/31/79 House Introduced and read first time HJ-363
01/31/79 House Referred to Committee on Judiciary HJ-363
01/17/80 House Recalled from Committee on Judiciary HJ-321
01/22/80 House Debate adjourned HJ-361
01/23/80 House Amended HJ-392
01/23/80 House Read second time HJ-392
01/29/80 House Read third time and sent to Senate HJ-460
01/29/80 Senate Introduced and read first time SJ-13
01/29/80 Senate Referred to Committee on Corrections and Penology SJ-13
03/05/80 Senate Committee report: Favorable Corrections and
Penology SJ-9
04/03/80 Senate Amended SJ-7
04/03/80 Senate Read second time SJ-7
04/08/80 Senate READ THIRD TIME SJ-15
04/08/80 Senate Returned SJ-15
04/09/80 House Concurred in Senate amendment and enrolled HJ-1970
04/16/80 House Ratified R 425 HJ-2118
04/16/80 Signed By Governor
04/16/80 Effective date 04/16/80
04/16/80 Act No. 372
04/30/80 Copies available
(A372, R425, H2365)
AN ACT TO REQUIRE FUNDS PAID TO OR CONTRACTED TO BE PAID TO PERSONS CONVICTED
WITH A CRIME IN PAYMENT FOR INTERVIEWS, BOOKS, ARTICLES, MOVIES OR NEWS MEDIA
APPEARANCES DEPICTING OR REENACTING THE CRIME CHARGED TO BE ESCROWED UNTIL A
FINAL DISPOSITION OF THE CRIME CHARGED; TO CREATE A LIEN IN FAVOR OF VICTIMS
OF THE CRIME ON SUCH ESCROWED FUNDS IF THE PERSON TO WHOM THEY ARE PAID IS
CONVICTED AND AUTHORIZE CIVIL ACTIONS BY VICTIMS OF THE CRIME TO RECOVER
ESCROWED FUNDS; AND TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE FORFEITURE OF PROPERTY SEIZED IN CONNECTION
WITH DRUG ARRESTS, SO AS TO INCLUDE CERTAIN MONIES SEIZED AT THE TIME OF SUCH
ARREST.
Be it enacted by the General Assembly of the State of South Carolina:
Funds escrowed of persons charged with certain crimes
Section 1. Every person, firm, corporation, partnership, association or
other legal entity contracting with any person or the representative or
assignee of any person, accused 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 clerk of court of the county in which the
crime is alleged to have been committed any monies which would otherwise, by
terms of such contract, be owing to the persons so convicted or his
representatives. The clerk of court shall deposit such monies in an interest
bearing escrow account 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 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
representatives.
Legal notice published
Section 2. The clerk of court, at least once every six months for five years
from the date he receives such monies shall cause to have published a legal
notice in newspapers of general circulation in each county of the State
advising such victims that such escrow monies are available to satisfy money
judgements pursuant to this section.
Conditions under which escrowed funds are paid
Section 3. Upon disposition of charges favorable to any person accused of
committing a crime, or upon a showing by such person that five years have
elapsed from the establishment of such escrow account and further that no
actions are pending against such person pursuant to this act the clerk of
court shall immediately pay over any monies in the escrow account to such
person.
Beginning of escrow period
Section 4. Notwithstanding any inconsistent provision of the civil practice
law and rules with respect to the timely bringing of an action, the five-year
period provided for in Section 1 of this act shall not begin to run until an
escrow account has been established.
Further
Section 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 act shall be null and void as against
the public policy of this State.
Monies seized
Section 6. Section 44-53-520 of the 1976 Code is amended by adding at the
end of subsection (a):
"(5) All monies used by law enforcement officers or agents, in the line
of duty, to purchase controlled substances during a criminal investigation and
all monies seized at the time of arrest involving violation of this article;
provided, however, that if the person from whom such monies were taken can
establish to the satisfaction of a court of competent jurisdiction that the
monies seized are not products of illegal acts, such monies shall be returned
pursuant to court order."
Time effective
Section 7. This act shall take effect upon approval by the Governor. |