2223. One who wrongfully detains a thing is an involuntary trustee
thereof, for the benefit of the owner.
2224. One who gains a thing by fraud, accident, mistake, undue
influence, the violation of a trust, or other wrongful act, is,
unless he or she has some other and better right thereto, an
involuntary trustee of the thing gained, for the benefit of the
person who would otherwise have had it.
2225. (a) As used in this section:
(1) "Convicted felon" means any person convicted of a felony, or
found not guilty by reason of insanity of a felony committed in
California, either by a court or jury trial or by entry of a plea in
court.
(2) "Felony" means a felony defined by any California or United
States statute.
(3) (A) "Representative of the felon" means any person or entity
receiving proceeds or profits by designation of that felon, on behalf
of that felon, or in the stead of that felon, whether by the felon's
designation or by operation of law.
(B) "Profiteer of the felony" means any person who sells or
transfers for profit any memorabilia or other property or thing of
the felon, the value of which is enhanced by the notoriety gained
from the commission of the felony for which the felon was convicted.
This subparagraph shall not apply to any media entity reporting on
the felon's story or on the sale of the materials, memorabilia, or
other property or thing of the felon. Nor shall it apply to the sale
of the materials, as the term is defined in paragraph (6), where the
seller is exercising his or her first amendment rights. This
subparagraph also shall not apply to the sale or transfer by a
profiteer of any other expressive work protected by the First
Amendment unless the sale or transfer is primarily for a commercial
or speculative purpose.
(4) (A) "Beneficiary" means a person who, under applicable law,
other than the provisions of this section, has or had a right to
recover damages from the convicted felon for physical, mental, or
emotional injury, or pecuniary loss proximately caused by the
convicted felon as a result of the crime for which the felon was
convicted.
(B) If a beneficiary described in subparagraph (A) has died,
"beneficiary" also includes a person or estate entitled to recover
damages pursuant to Chapter 4 (commencing with Section 377.10) of
Title 3 of Part 2 of the Code of Civil Procedure.
(C) If a person has died and the death was proximately caused by
the convicted felon as a result of the crime for which the felon was
convicted, "beneficiary" also includes a person described in Section
377.60 of the Code of Civil Procedure and any beneficiary of a will
of the decedent who had a right under that will to receive more than
25 percent of the value of the estate of the decedent.
(5) "Beneficiary's interest" means that portion of the proceeds or
profits necessary to pay the following:
(A) In the case of a beneficiary described in subparagraph (A) or
(B) of paragraph (4), those damages that, under applicable law, other
than the provisions of this section, the beneficiary has or had a
right to recover from the convicted felon for injuries proximately
caused by the convicted felon as a result of the crime for which the
felon was convicted.
(B) In the case of a beneficiary described in subparagraph (C) of
paragraph (4), those damages that, under all the circumstances of the
case, may be just.
(C) A beneficiary's interest shall be reduced by the following
amount:
(i) Money paid to the beneficiary from the Restitution Fund
because of the crime for which the felon was convicted.
(ii) Money paid to the beneficiary by the convicted felon because
of a requirement of restitution imposed by a court in connection with
the crime for which the felon was convicted.
(iii) Money paid to the beneficiary because of a judgment against
the convicted felon based upon the crime for which the felon was
convicted.
(D) In the case of an unsatisfied existing judgment or order of
restitution against the convicted felon and in favor of a
beneficiary, any money paid to the beneficiary pursuant to this
section shall be applied to reduce the amount of the unsatisfied
judgment or order.
(6) "Materials" means books, magazine or newspaper articles,
movies, films, videotapes, sound recordings, interviews or
appearances on television and radio stations, and live presentations
of any kind.
(7) "Story" means a depiction, portrayal, or reenactment of a
felony and shall not be taken to mean a passing mention of the
felony, as in a footnote or bibliography.
(8) "Sale" includes lease, license, or any other transfer or
alienation taking place in California or elsewhere.
(9) "Proceeds" means all fees, royalties, real property, or other
consideration of any and every kind or nature received by or owing to
a felon or his or her representatives for the preparation for the
purpose of sale of materials, for the sale of the rights to
materials, or the sale or distribution by the convicted felon of
materials whether earned, accrued, or paid before or after the
conviction. It includes any interest, earnings, or accretions upon
proceeds, and any property received in exchange for proceeds.
(10) "Profits" means all income from anything sold or transferred
by the felon, a representative of the felon, or a profiteer of the
felony, including any right, the value of which thing or right is
enhanced by the notoriety gained from the commission of a felony for
which a convicted felon was convicted. This income may have been
accrued, earned, or paid before or after the conviction. However,
voluntary donations or contributions to a defendant to assist in the
defense of criminal charges shall not be deemed to be "profits,"
provided the donation or contribution to that defense is not given in
exchange for some material of value.
(b) (1) All proceeds from the preparation for the purpose of sale,
the sale of the rights to, or the sale of materials that include or
are based on the story of a felony for which a convicted felon was
convicted, shall be subject to an involuntary trust for the benefit
of the beneficiaries set forth in this section. That trust shall
continue until five years after the time of payment of the proceeds
to the felon or five years after the date of conviction, whichever is
later. If an action is filed by a beneficiary to recover his or her
interest in a trust within those time limitations, the trust
character of the property shall continue until the conclusion of the
action. At the end of the five-year trust period, any proceeds that
remain in trust that have not been claimed by a beneficiary shall be
transferred to the Controller, to be allocated to the Restitution
Fund for the payment of claims pursuant to Section 13969 of the
Government Code.
(2) All profits shall be subject to an involuntary trust for the
benefit of the beneficiaries set forth in this section. That trust
shall continue until five years after the time of payment of the
profits to the felon or five years after the date of conviction,
whichever is later. If an action is filed by a beneficiary to recover
his or her interest in a trust within those time limitations, the
trust character of the property shall continue until the conclusion
of the action. At the end of the five-year trust period, any profits
that remain in trust that have not been claimed by a beneficiary
shall be transferred to the Controller, to be allocated to the
Restitution Fund for the payment of claims pursuant to Section 13969
of the Government Code.
(3) Notwithstanding paragraph (2), in the case of a sale or
transfer by a profiteer of the felony, the court in an action under
subdivision (c) shall, upon an adequate showing by the profiteer of
the felony, exclude from the involuntary trust that portion of the
profits that represents the inherent value of the memorabilia,
property, or thing sold or transferred and exclusive of the amount of
the enhancement to the value due to the notoriety of the convicted
felon.
(c) (1) Any beneficiary may bring an action against a convicted
felon, representative of the felon, or a profiteer of a felony to
recover his or her interest in the trust established by this section.
(2) That action may be brought in the superior court of the county
in which the beneficiary resides, or of the county in which the
convicted felon resides, or of the county in which proceeds or
profits are located.
(3) If the court determines that a beneficiary is entitled to
proceeds or profits pursuant to this section, the court shall order
the payment from proceeds or profits that have been received, and, if
that is insufficient, from proceeds or profits that may be received
in the future.
(d) If there are two or more beneficiaries and if the available
proceeds or profits are insufficient to pay all beneficiaries, the
proceeds or profits shall be equitably apportioned among the
beneficiaries taking into account the impact of the crime upon them.
Prior to any distribution of any proceeds to a beneficiary, the
court shall determine whether the convicted felon has failed to pay
any portion of a restitution fine or penalty fine imposed by a court,
or any restitution imposed as a condition of probation. The court
shall also determine whether the felon is obligated to reimburse a
governmental entity for the costs of his or her defense and whether a
portion of the proceeds is needed to cover his or her reasonable
attorney's fees incurred in the criminal proceeding related to the
felony, or any appeal or other related proceeding, or in the defense
of the action brought under this section. The court shall order
payment of these obligations prior to any payment to a beneficiary,
except that 60 percent of the proceeds or profits shall be reserved
for payment to the beneficiaries.
(e) (1) The Attorney General may bring an action to require
proceeds or profits received by a convicted felon to be held in an
express trust in a bank authorized to act as a trustee.
(2) An action may be brought under this subdivision within one
year after the receipt of proceeds or profits by a convicted felon or
one year after the date of conviction, whichever is later.
That action may be brought in the superior court of any county in
which the Attorney General has an office.
(3) If the Attorney General proves that the proceeds or profits
are proceeds or profits from the sale of a story or thing of value
that are subject to an involuntary trust pursuant to this section,
and that it is more probable than not that there are beneficiaries
within the meaning of this section, the court shall order that all
proceeds or profits be deposited in a bank and held by the bank as
trustee of the trust until an order of disposition is made by a court
pursuant to subdivision (d), or until the expiration of the period
specified in subdivision (b).
(4) If the Attorney General prevails in an action under this
subdivision, the court shall order the payment from the proceeds or
profits to the Attorney General of reasonable costs and attorney's
fees.
(f) (1) In any action brought pursuant to this section, upon
motion of a party the court shall grant a preliminary injunction to
prevent any waste of proceeds or profits if it appears that the
proceeds or profits are subject to the provisions of this section,
and that they may be subject to waste.
(2) Upon motion of the Attorney General or any potential
beneficiary, the court shall grant a preliminary injunction against a
person against whom an indictment or information for a felony has
been filed in superior court to prevent any waste of proceeds or
profits if there is probable cause to believe that the proceeds or
profits would be subject to an involuntary trust pursuant to this
section upon conviction of this person, and that they may be subject
to waste.
(g) Any violation of an order of a court made pursuant to this
section shall be punishable as contempt.
(h) The remedies provided by this section are in addition to other
remedies provided by law.
No period of limitations, except those provided by this section,
shall limit the right of recovery under this section.
2223. One who wrongfully detains a thing is an involuntary trustee
thereof, for the benefit of the owner.
2224. One who gains a thing by fraud, accident, mistake, undue
influence, the violation of a trust, or other wrongful act, is,
unless he or she has some other and better right thereto, an
involuntary trustee of the thing gained, for the benefit of the
person who would otherwise have had it.
2225. (a) As used in this section:
(1) "Convicted felon" means any person convicted of a felony, or
found not guilty by reason of insanity of a felony committed in
California, either by a court or jury trial or by entry of a plea in
court.
(2) "Felony" means a felony defined by any California or United
States statute.
(3) (A) "Representative of the felon" means any person or entity
receiving proceeds or profits by designation of that felon, on behalf
of that felon, or in the stead of that felon, whether by the felon's
designation or by operation of law.
(B) "Profiteer of the felony" means any person who sells or
transfers for profit any memorabilia or other property or thing of
the felon, the value of which is enhanced by the notoriety gained
from the commission of the felony for which the felon was convicted.
This subparagraph shall not apply to any media entity reporting on
the felon's story or on the sale of the materials, memorabilia, or
other property or thing of the felon. Nor shall it apply to the sale
of the materials, as the term is defined in paragraph (6), where the
seller is exercising his or her first amendment rights. This
subparagraph also shall not apply to the sale or transfer by a
profiteer of any other expressive work protected by the First
Amendment unless the sale or transfer is primarily for a commercial
or speculative purpose.
(4) (A) "Beneficiary" means a person who, under applicable law,
other than the provisions of this section, has or had a right to
recover damages from the convicted felon for physical, mental, or
emotional injury, or pecuniary loss proximately caused by the
convicted felon as a result of the crime for which the felon was
convicted.
(B) If a beneficiary described in subparagraph (A) has died,
"beneficiary" also includes a person or estate entitled to recover
damages pursuant to Chapter 4 (commencing with Section 377.10) of
Title 3 of Part 2 of the Code of Civil Procedure.
(C) If a person has died and the death was proximately caused by
the convicted felon as a result of the crime for which the felon was
convicted, "beneficiary" also includes a person described in Section
377.60 of the Code of Civil Procedure and any beneficiary of a will
of the decedent who had a right under that will to receive more than
25 percent of the value of the estate of the decedent.
(5) "Beneficiary's interest" means that portion of the proceeds or
profits necessary to pay the following:
(A) In the case of a beneficiary described in subparagraph (A) or
(B) of paragraph (4), those damages that, under applicable law, other
than the provisions of this section, the beneficiary has or had a
right to recover from the convicted felon for injuries proximately
caused by the convicted felon as a result of the crime for which the
felon was convicted.
(B) In the case of a beneficiary described in subparagraph (C) of
paragraph (4), those damages that, under all the circumstances of the
case, may be just.
(C) A beneficiary's interest shall be reduced by the following
amount:
(i) Money paid to the beneficiary from the Restitution Fund
because of the crime for which the felon was convicted.
(ii) Money paid to the beneficiary by the convicted felon because
of a requirement of restitution imposed by a court in connection with
the crime for which the felon was convicted.
(iii) Money paid to the beneficiary because of a judgment against
the convicted felon based upon the crime for which the felon was
convicted.
(D) In the case of an unsatisfied existing judgment or order of
restitution against the convicted felon and in favor of a
beneficiary, any money paid to the beneficiary pursuant to this
section shall be applied to reduce the amount of the unsatisfied
judgment or order.
(6) "Materials" means books, magazine or newspaper articles,
movies, films, videotapes, sound recordings, interviews or
appearances on television and radio stations, and live presentations
of any kind.
(7) "Story" means a depiction, portrayal, or reenactment of a
felony and shall not be taken to mean a passing mention of the
felony, as in a footnote or bibliography.
(8) "Sale" includes lease, license, or any other transfer or
alienation taking place in California or elsewhere.
(9) "Proceeds" means all fees, royalties, real property, or other
consideration of any and every kind or nature received by or owing to
a felon or his or her representatives for the preparation for the
purpose of sale of materials, for the sale of the rights to
materials, or the sale or distribution by the convicted felon of
materials whether earned, accrued, or paid before or after the
conviction. It includes any interest, earnings, or accretions upon
proceeds, and any property received in exchange for proceeds.
(10) "Profits" means all income from anything sold or transferred
by the felon, a representative of the felon, or a profiteer of the
felony, including any right, the value of which thing or right is
enhanced by the notoriety gained from the commission of a felony for
which a convicted felon was convicted. This income may have been
accrued, earned, or paid before or after the conviction. However,
voluntary donations or contributions to a defendant to assist in the
defense of criminal charges shall not be deemed to be "profits,"
provided the donation or contribution to that defense is not given in
exchange for some material of value.
(b) (1) All proceeds from the preparation for the purpose of sale,
the sale of the rights to, or the sale of materials that include or
are based on the story of a felony for which a convicted felon was
convicted, shall be subject to an involuntary trust for the benefit
of the beneficiaries set forth in this section. That trust shall
continue until five years after the time of payment of the proceeds
to the felon or five years after the date of conviction, whichever is
later. If an action is filed by a beneficiary to recover his or her
interest in a trust within those time limitations, the trust
character of the property shall continue until the conclusion of the
action. At the end of the five-year trust period, any proceeds that
remain in trust that have not been claimed by a beneficiary shall be
transferred to the Controller, to be allocated to the Restitution
Fund for the payment of claims pursuant to Section 13969 of the
Government Code.
(2) All profits shall be subject to an involuntary trust for the
benefit of the beneficiaries set forth in this section. That trust
shall continue until five years after the time of payment of the
profits to the felon or five years after the date of conviction,
whichever is later. If an action is filed by a beneficiary to recover
his or her interest in a trust within those time limitations, the
trust character of the property shall continue until the conclusion
of the action. At the end of the five-year trust period, any profits
that remain in trust that have not been claimed by a beneficiary
shall be transferred to the Controller, to be allocated to the
Restitution Fund for the payment of claims pursuant to Section 13969
of the Government Code.
(3) Notwithstanding paragraph (2), in the case of a sale or
transfer by a profiteer of the felony, the court in an action under
subdivision (c) shall, upon an adequate showing by the profiteer of
the felony, exclude from the involuntary trust that portion of the
profits that represents the inherent value of the memorabilia,
property, or thing sold or transferred and exclusive of the amount of
the enhancement to the value due to the notoriety of the convicted
felon.
(c) (1) Any beneficiary may bring an action against a convicted
felon, representative of the felon, or a profiteer of a felony to
recover his or her interest in the trust established by this section.
(2) That action may be brought in the superior court of the county
in which the beneficiary resides, or of the county in which the
convicted felon resides, or of the county in which proceeds or
profits are located.
(3) If the court determines that a beneficiary is entitled to
proceeds or profits pursuant to this section, the court shall order
the payment from proceeds or profits that have been received, and, if
that is insufficient, from proceeds or profits that may be received
in the future.
(d) If there are two or more beneficiaries and if the available
proceeds or profits are insufficient to pay all beneficiaries, the
proceeds or profits shall be equitably apportioned among the
beneficiaries taking into account the impact of the crime upon them.
Prior to any distribution of any proceeds to a beneficiary, the
court shall determine whether the convicted felon has failed to pay
any portion of a restitution fine or penalty fine imposed by a court,
or any restitution imposed as a condition of probation. The court
shall also determine whether the felon is obligated to reimburse a
governmental entity for the costs of his or her defense and whether a
portion of the proceeds is needed to cover his or her reasonable
attorney's fees incurred in the criminal proceeding related to the
felony, or any appeal or other related proceeding, or in the defense
of the action brought under this section. The court shall order
payment of these obligations prior to any payment to a beneficiary,
except that 60 percent of the proceeds or profits shall be reserved
for payment to the beneficiaries.
(e) (1) The Attorney General may bring an action to require
proceeds or profits received by a convicted felon to be held in an
express trust in a bank authorized to act as a trustee.
(2) An action may be brought under this subdivision within one
year after the receipt of proceeds or profits by a convicted felon or
one year after the date of conviction, whichever is later.
That action may be brought in the superior court of any county in
which the Attorney General has an office.
(3) If the Attorney General proves that the proceeds or profits
are proceeds or profits from the sale of a story or thing of value
that are subject to an involuntary trust pursuant to this section,
and that it is more probable than not that there are beneficiaries
within the meaning of this section, the court shall order that all
proceeds or profits be deposited in a bank and held by the bank as
trustee of the trust until an order of disposition is made by a court
pursuant to subdivision (d), or until the expiration of the period
specified in subdivision (b).
(4) If the Attorney General prevails in an action under this
subdivision, the court shall order the payment from the proceeds or
profits to the Attorney General of reasonable costs and attorney's
fees.
(f) (1) In any action brought pursuant to this section, upon
motion of a party the court shall grant a preliminary injunction to
prevent any waste of proceeds or profits if it appears that the
proceeds or profits are subject to the provisions of this section,
and that they may be subject to waste.
(2) Upon motion of the Attorney General or any potential
beneficiary, the court shall grant a preliminary injunction against a
person against whom an indictment or information for a felony has
been filed in superior court to prevent any waste of proceeds or
profits if there is probable cause to believe that the proceeds or
profits would be subject to an involuntary trust pursuant to this
section upon conviction of this person, and that they may be subject
to waste.
(g) Any violation of an order of a court made pursuant to this
section shall be punishable as contempt.
(h) The remedies provided by this section are in addition to other
remedies provided by law.
No period of limitations, except those provided by this section,
shall limit the right of recovery under this section.
2223. One who wrongfully detains a thing is an involuntary trustee
thereof, for the benefit of the owner.
2224. One who gains a thing by fraud, accident, mistake, undue
influence, the violation of a trust, or other wrongful act, is,
unless he or she has some other and better right thereto, an
involuntary trustee of the thing gained, for the benefit of the
person who would otherwise have had it.
2225. (a) As used in this section:
(1) "Convicted felon" means any person convicted of a felony, or
found not guilty by reason of insanity of a felony committed in
California, either by a court or jury trial or by entry of a plea in
court.
(2) "Felony" means a felony defined by any California or United
States statute.
(3) (A) "Representative of the felon" means any person or entity
receiving proceeds or profits by designation of that felon, on behalf
of that felon, or in the stead of that felon, whether by the felon's
designation or by operation of law.
(B) "Profiteer of the felony" means any person who sells or
transfers for profit any memorabilia or other property or thing of
the felon, the value of which is enhanced by the notoriety gained
from the commission of the felony for which the felon was convicted.
This subparagraph shall not apply to any media entity reporting on
the felon's story or on the sale of the materials, memorabilia, or
other property or thing of the felon. Nor shall it apply to the sale
of the materials, as the term is defined in paragraph (6), where the
seller is exercising his or her first amendment rights. This
subparagraph also shall not apply to the sale or transfer by a
profiteer of any other expressive work protected by the First
Amendment unless the sale or transfer is primarily for a commercial
or speculative purpose.
(4) (A) "Beneficiary" means a person who, under applicable law,
other than the provisions of this section, has or had a right to
recover damages from the convicted felon for physical, mental, or
emotional injury, or pecuniary loss proximately caused by the
convicted felon as a result of the crime for which the felon was
convicted.
(B) If a beneficiary described in subparagraph (A) has died,
"beneficiary" also includes a person or estate entitled to recover
damages pursuant to Chapter 4 (commencing with Section 377.10) of
Title 3 of Part 2 of the Code of Civil Procedure.
(C) If a person has died and the death was proximately caused by
the convicted felon as a result of the crime for which the felon was
convicted, "beneficiary" also includes a person described in Section
377.60 of the Code of Civil Procedure and any beneficiary of a will
of the decedent who had a right under that will to receive more than
25 percent of the value of the estate of the decedent.
(5) "Beneficiary's interest" means that portion of the proceeds or
profits necessary to pay the following:
(A) In the case of a beneficiary described in subparagraph (A) or
(B) of paragraph (4), those damages that, under applicable law, other
than the provisions of this section, the beneficiary has or had a
right to recover from the convicted felon for injuries proximately
caused by the convicted felon as a result of the crime for which the
felon was convicted.
(B) In the case of a beneficiary described in subparagraph (C) of
paragraph (4), those damages that, under all the circumstances of the
case, may be just.
(C) A beneficiary's interest shall be reduced by the following
amount:
(i) Money paid to the beneficiary from the Restitution Fund
because of the crime for which the felon was convicted.
(ii) Money paid to the beneficiary by the convicted felon because
of a requirement of restitution imposed by a court in connection with
the crime for which the felon was convicted.
(iii) Money paid to the beneficiary because of a judgment against
the convicted felon based upon the crime for which the felon was
convicted.
(D) In the case of an unsatisfied existing judgment or order of
restitution against the convicted felon and in favor of a
beneficiary, any money paid to the beneficiary pursuant to this
section shall be applied to reduce the amount of the unsatisfied
judgment or order.
(6) "Materials" means books, magazine or newspaper articles,
movies, films, videotapes, sound recordings, interviews or
appearances on television and radio stations, and live presentations
of any kind.
(7) "Story" means a depiction, portrayal, or reenactment of a
felony and shall not be taken to mean a passing mention of the
felony, as in a footnote or bibliography.
(8) "Sale" includes lease, license, or any other transfer or
alienation taking place in California or elsewhere.
(9) "Proceeds" means all fees, royalties, real property, or other
consideration of any and every kind or nature received by or owing to
a felon or his or her representatives for the preparation for the
purpose of sale of materials, for the sale of the rights to
materials, or the sale or distribution by the convicted felon of
materials whether earned, accrued, or paid before or after the
conviction. It includes any interest, earnings, or accretions upon
proceeds, and any property received in exchange for proceeds.
(10) "Profits" means all income from anything sold or transferred
by the felon, a representative of the felon, or a profiteer of the
felony, including any right, the value of which thing or right is
enhanced by the notoriety gained from the commission of a felony for
which a convicted felon was convicted. This income may have been
accrued, earned, or paid before or after the conviction. However,
voluntary donations or contributions to a defendant to assist in the
defense of criminal charges shall not be deemed to be "profits,"
provided the donation or contribution to that defense is not given in
exchange for some material of value.
(b) (1) All proceeds from the preparation for the purpose of sale,
the sale of the rights to, or the sale of materials that include or
are based on the story of a felony for which a convicted felon was
convicted, shall be subject to an involuntary trust for the benefit
of the beneficiaries set forth in this section. That trust shall
continue until five years after the time of payment of the proceeds
to the felon or five years after the date of conviction, whichever is
later. If an action is filed by a beneficiary to recover his or her
interest in a trust within those time limitations, the trust
character of the property shall continue until the conclusion of the
action. At the end of the five-year trust period, any proceeds that
remain in trust that have not been claimed by a beneficiary shall be
transferred to the Controller, to be allocated to the Restitution
Fund for the payment of claims pursuant to Section 13969 of the
Government Code.
(2) All profits shall be subject to an involuntary trust for the
benefit of the beneficiaries set forth in this section. That trust
shall continue until five years after the time of payment of the
profits to the felon or five years after the date of conviction,
whichever is later. If an action is filed by a beneficiary to recover
his or her interest in a trust within those time limitations, the
trust character of the property shall continue until the conclusion
of the action. At the end of the five-year trust period, any profits
that remain in trust that have not been claimed by a beneficiary
shall be transferred to the Controller, to be allocated to the
Restitution Fund for the payment of claims pursuant to Section 13969
of the Government Code.
(3) Notwithstanding paragraph (2), in the case of a sale or
transfer by a profiteer of the felony, the court in an action under
subdivision (c) shall, upon an adequate showing by the profiteer of
the felony, exclude from the involuntary trust that portion of the
profits that represents the inherent value of the memorabilia,
property, or thing sold or transferred and exclusive of the amount of
the enhancement to the value due to the notoriety of the convicted
felon.
(c) (1) Any beneficiary may bring an action against a convicted
felon, representative of the felon, or a profiteer of a felony to
recover his or her interest in the trust established by this section.
(2) That action may be brought in the superior court of the county
in which the beneficiary resides, or of the county in which the
convicted felon resides, or of the county in which proceeds or
profits are located.
(3) If the court determines that a beneficiary is entitled to
proceeds or profits pursuant to this section, the court shall order
the payment from proceeds or profits that have been received, and, if
that is insufficient, from proceeds or profits that may be received
in the future.
(d) If there are two or more beneficiaries and if the available
proceeds or profits are insufficient to pay all beneficiaries, the
proceeds or profits shall be equitably apportioned among the
beneficiaries taking into account the impact of the crime upon them.
Prior to any distribution of any proceeds to a beneficiary, the
court shall determine whether the convicted felon has failed to pay
any portion of a restitution fine or penalty fine imposed by a court,
or any restitution imposed as a condition of probation. The court
shall also determine whether the felon is obligated to reimburse a
governmental entity for the costs of his or her defense and whether a
portion of the proceeds is needed to cover his or her reasonable
attorney's fees incurred in the criminal proceeding related to the
felony, or any appeal or other related proceeding, or in the defense
of the action brought under this section. The court shall order
payment of these obligations prior to any payment to a beneficiary,
except that 60 percent of the proceeds or profits shall be reserved
for payment to the beneficiaries.
(e) (1) The Attorney General may bring an action to require
proceeds or profits received by a convicted felon to be held in an
express trust in a bank authorized to act as a trustee.
(2) An action may be brought under this subdivision within one
year after the receipt of proceeds or profits by a convicted felon or
one year after the date of conviction, whichever is later.
That action may be brought in the superior court of any county in
which the Attorney General has an office.
(3) If the Attorney General proves that the proceeds or profits
are proceeds or profits from the sale of a story or thing of value
that are subject to an involuntary trust pursuant to this section,
and that it is more probable than not that there are beneficiaries
within the meaning of this section, the court shall order that all
proceeds or profits be deposited in a bank and held by the bank as
trustee of the trust until an order of disposition is made by a court
pursuant to subdivision (d), or until the expiration of the period
specified in subdivision (b).
(4) If the Attorney General prevails in an action under this
subdivision, the court shall order the payment from the proceeds or
profits to the Attorney General of reasonable costs and attorney's
fees.
(f) (1) In any action brought pursuant to this section, upon
motion of a party the court shall grant a preliminary injunction to
prevent any waste of proceeds or profits if it appears that the
proceeds or profits are subject to the provisions of this section,
and that they may be subject to waste.
(2) Upon motion of the Attorney General or any potential
beneficiary, the court shall grant a preliminary injunction against a
person against whom an indictment or information for a felony has
been filed in superior court to prevent any waste of proceeds or
profits if there is probable cause to believe that the proceeds or
profits would be subject to an involuntary trust pursuant to this
section upon conviction of this person, and that they may be subject
to waste.
(g) Any violation of an order of a court made pursuant to this
section shall be punishable as contempt.
(h) The remedies provided by this section are in addition to other
remedies provided by law.
No period of limitations, except those provided by this section,
shall limit the right of recovery under this section.
