13-4202

13-4202. Void contracts; crime victim
accounts; establishment; notice to victims; exceptions; civil
liability; definition

A. Every contract, whether written or oral, express or implied, with an accused
with respect to the reenactment, description or depiction of a crime by movie, book,
article, radio or television presentation, internet or on-line presentation or depiction,
live entertainment or expression of thoughts, feelings, opinions or emotions is contrary
to public policy and void unless the contract provides for payment to the commission of
any monies that would be paid to the accused for such information or rights.

B. The commission shall deposit the monies received pursuant to subsection A from
the contracts or agreements of each accused, for each crime committed by the accused, in
a separate account designated as a crime victim account. The money shall be distributed
as determined by the commission to any victim of the crime committed by the accused if
both of the following apply:

1. The accused is convicted of or adjudicated delinquent for the crime.

2. The victim, within five years after the date of establishment of the account,
applies to the commission for compensation and demonstrates by sufficient reliable
evidence, as determined by the commission, that the victim has suffered a loss resulting
from such crime and the amount of such loss.

C. The commission, at least once every year for five years from the date of receipt
of monies pursuant to subsection B, shall publish a legal notice in a newspaper of
general circulation in the county in which the crime was committed and in counties
contiguous to such county advising all victims for which monies have been received that
funds are available to satisfy money judgments pursuant to this section. The notice shall
identify the accused, describe the criminal act involved and the proceedings against the
accused and state the procedure to be followed for recovery of monies pursuant to
subsection B. No reference to the identity of the victim shall be made. The commission,
in its discretion, may provide for such additional notice as it deems necessary.

D. On disposition of charges favorable to an accused, the commission shall
immediately pay any monies in the account owing to such person.

E. After five years have elapsed following the establishment of the account
pursuant to subsection B and on a showing that no applications for compensation are
pending pursuant to this section, the commission shall immediately pay any monies in the
account to the state general fund.

F. For the purposes of this section, a person who is found guilty except insane
pursuant to rule 23.2, Arizona rules of criminal procedure, is deemed to be a convicted
person.

G. If it is found, pursuant to rule 11, Arizona rules of criminal procedure, that a
person who is accused of a crime is unfit to proceed as a result of a mental illness or
defect because the person lacks the capacity to understand the proceedings against the
person or to assist in the person's own defense, the commission shall bring an action of
interpleader pursuant to rule 22, Arizona rules of civil procedure, to determine
disposition of the escrow account.

H. Notwithstanding any law to the contrary, the five-year period provided for in
subsection B does not begin to run until an account is established.

I. Notwithstanding subsections B through F the commission shall make payments from
the account to any accused on the order of a court of competent jurisdiction after a
showing by the accused that the money will be used for the sole purpose of retaining
legal representation at any stage of the proceedings against the accused.

J. An action taken by any person, whether by execution of a power of attorney,
creation of a corporate entity or otherwise, to defeat the purpose of this section shall
be null and void as against the public policy of this state.

K. The cost of administering the account and monies in the account shall be
reimbursed to the industrial commission from the account.

L. Any person who enters into a contract described in subsection A that does not
comply with this section shall be liable to the state for deposit in the crime victim
account of an amount equal to all monies paid or received including monies paid to or
received by another person by execution of a power of attorney, creation of a corporate
entity or otherwise, which execution was done to defeat the purposes of this section.

M. For the purposes of this section, "loss" includes the value of any property
damaged, destroyed or taken, the cost of medical treatment or counseling, lost wages and
any other damage suffered as a result of the crime.