IC 5-2-6.3
    Chapter 6.3. Broadcast or Publication of Crime Stories ofAccused or Convicted Felons

IC 5-2-6.3-1
Division
    Sec. 1. As used in this chapter, "division" refers to the victimservices division of the Indiana criminal justice institute.
As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-2
Responsible party
    Sec. 2. As used in this chapter, "responsible party" means anindividual who has been formally charged with or convicted of afelony.
As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-3
Payment of proceeds to division; notice to victims and escrow ofmoney
    Sec. 3. (a) If:
        (1) a responsible party derives income or other proceedsdirectly or indirectly from a felony of which the responsibleparty has been accused or convicted:
            (A) the responsible party; or
            (B) any other person that possesses or controls the income orproceeds;
        shall transfer ninety percent (90%) of the income or proceeds tothe division; and
        (2) a person contracts with a responsible party after August 31,1982, for:
            (A) the publication of;
            (B) the broadcasting of; or
            (C) a speaking engagement in which the responsible partyspeaks about;
        the responsible party's thoughts, feelings, opinions, or emotionsregarding a felony of which the responsible party has beenaccused or convicted, the person shall submit a copy of thecontract to the division and shall pay to the division ninetypercent (90%) of the money that would otherwise, by terms ofthe contract, be owed to the responsible party.
    (b) The division shall do the following:
        (1) Notify:
            (A) all victims of the felony for which the responsible partyhas been accused or convicted; or
            (B) if a victim is deceased, the victim's heirs;
        that the responsible party has entered into a contract describedin subsection (a).
        (2) Deposit the money under subsection (a) in a separateinterest bearing escrow account.        (3) Only make distributions from the account in accordancewith this chapter.
As added by P.L.47-1993, SEC.3. Amended by P.L.60-1995, SEC.1.

IC 5-2-6.3-4
Distribution of escrowed money to indigent responsible parties
    Sec. 4. (a) The responsible party may petition the court beforewhich the responsible party is to be tried or in which the responsibleparty has been convicted for an order requiring the division todistribute money from the escrow account to the responsible party inan amount up to the total in the escrow account at the time thepetition is filed.
    (b) The court shall make an order under subsection (a) only upona showing that:
        (1) without use of the money held in the escrow account, theresponsible party would be indigent; and
        (2) the money will be used for the exclusive purpose ofretaining legal counsel or for investigation during any stage ofthe felony proceedings against the responsible party, includingthe appeals process.
    (c) Upon receipt of a court order issued under this section, thedivision shall distribute the required amount from the money in theescrow account.
As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-5
Distribution of escrowed money to victims and victims' heirsreceiving damage awards
    Sec. 5. (a) Subject to subsection (b), if the victim or the victim'sheirs receive a damage award as a result of a civil action arising fromthe felonious act that has been charged, the person awarded thedamages may petition the court for an order requiring the division todistribute money to the person from the escrow account.
    (b) The court may make an order under subsection (a) only for anamount equal to the amount by which the damage award exceeds thevalue of the defendant's assets that are in the defendant's possessionand that can be taken by the plaintiff to satisfy the damage award.
As added by P.L.47-1993, SEC.3.

IC 5-2-6.3-6
Distribution of escrowed money to incarceration expenses andviolent crime victims compensation fund
    Sec. 6. (a) Subject to subsection (c), if:
        (1) the responsible party has been found to be:
            (A) guilty;
            (B) guilty but mentally ill; or
            (C) not responsible by reason of insanity;
        for the act of which the party has been accused; and
        (2) the responsible party has exhausted all appeals or if the timefor appeals has expired;the division may distribute all money remaining in the escrowaccount under subsection (b) after the money has been distributed toa victim or the victim's heirs under section 5 of this chapter.
    (b) The division shall distribute money remaining in the escrowaccount in the following priority:
        (1) The money shall be distributed to the state or localgovernmental entity that has incurred or will incur the greatestexpense to incarcerate the responsible party in an amount equalto:
            (A) the amount of money the entity spent to incarcerate theresponsible party; or
            (B) the estimated amount of money the entity will spend toincarcerate the responsible party.
        (2) If there is any money remaining after the distribution undersubdivision (1), the money shall be distributed to any other stateor local governmental entity that incurred expenses toincarcerate the responsible party in an amount equal to theamount of money the entity spent to incarcerate the responsibleparty.
        (3) If there is any money remaining after the distribution undersubdivision (2), the money shall be distributed to the violentcrime victims compensation fund established by IC 5-2-6.1-40.
To receive money distributed under this subsection, a state or localgovernmental entity must petition the court before which theresponsible party is to be tried or in which the responsible party hasbeen convicted for an order requiring the division to distributemoney to the entity from the escrow account.
    (c) The division may not make the payment under this sectionunless at least two (2) years have elapsed from the time theresponsible party committed the act for which the responsible partyhas been charged. The division may not make the payment while acivil action arising from the felony is pending.
As added by P.L.47-1993, SEC.3. Amended by P.L.60-1995, SEC.2.

IC 5-2-6.3-7
Distribution of escrowed money to responsible parties notconvicted of felonies
    Sec. 7. (a) Except as provided in subsection (b), if:
        (1) a responsible party is found to be not guilty or has had thecase against the responsible party dismissed; and
        (2) if all periods for appeal by the state have expired;
the division shall distribute all money remaining in the escrowaccount to the responsible party.
    (b) If a responsible party is found to lack the competencynecessary to stand trial, the division shall distribute all moneyremaining in the escrow account to the responsible party if:
        (1) the responsible party does not become competent to standtrial within five (5) years after the money is first placed in theescrow account; and
        (2) a civil action arising from the felony of which the

responsible party is accused is not pending.
As added by P.L.47-1993, SEC.3.