IC 5-2-6.3
Chapter 6.3. Broadcast or Publication of Crime Stories of
Accused or Convicted Felons
IC 5-2-6.3-1 Division
Sec. 1. As used in this chapter, "division" refers to the victim
services 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 an
individual who has been formally charged with or convicted of a
felony. 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 of
money
Sec. 3. (a) If:
(1) a responsible party derives income or other proceeds
directly or indirectly from a felony of which the responsible
party has been accused or convicted:
(A) the responsible party; or
(B) any other person that possesses or controls the income or
proceeds;
shall transfer ninety percent (90%) of the income or proceeds to
the 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 party
speaks about;
the responsible party's thoughts, feelings, opinions, or emotions
regarding a felony of which the responsible party has been
accused or convicted, the person shall submit a copy of the
contract to the division and shall pay to the division ninety
percent (90%) of the money that would otherwise, by terms of
the 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 party
has been accused or convicted; or
(B) if a victim is deceased, the victim's heirs;
that the responsible party has entered into a contract described
in subsection (a).
(2) Deposit the money under subsection (a) in a separate
interest bearing escrow account.
(3) Only make distributions from the account in accordance
with 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 before
which the responsible party is to be tried or in which the responsible
party has been convicted for an order requiring the division to
distribute money from the escrow account to the responsible party in
an amount up to the total in the escrow account at the time the
petition is filed.
(b) The court shall make an order under subsection (a) only upon
a showing that:
(1) without use of the money held in the escrow account, the
responsible party would be indigent; and
(2) the money will be used for the exclusive purpose of
retaining legal counsel or for investigation during any stage of
the felony proceedings against the responsible party, including
the appeals process.
(c) Upon receipt of a court order issued under this section, the
division shall distribute the required amount from the money in the
escrow account. As added by P.L.47-1993, SEC.3.
IC 5-2-6.3-5 Distribution of escrowed money to victims and victims' heirs
receiving damage awards
Sec. 5. (a) Subject to subsection (b), if the victim or the victim's
heirs receive a damage award as a result of a civil action arising from
the felonious act that has been charged, the person awarded the
damages may petition the court for an order requiring the division to
distribute money to the person from the escrow account.
(b) The court may make an order under subsection (a) only for an
amount equal to the amount by which the damage award exceeds the
value of the defendant's assets that are in the defendant's possession
and 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 and
violent 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 time
for appeals has expired;
the division may distribute all money remaining in the escrow
account under subsection (b) after the money has been distributed to
a victim or the victim's heirs under section 5 of this chapter.
(b) The division shall distribute money remaining in the escrow
account in the following priority:
(1) The money shall be distributed to the state or local
governmental entity that has incurred or will incur the greatest
expense to incarcerate the responsible party in an amount equal
to:
(A) the amount of money the entity spent to incarcerate the
responsible party; or
(B) the estimated amount of money the entity will spend to
incarcerate the responsible party.
(2) If there is any money remaining after the distribution under
subdivision (1), the money shall be distributed to any other state
or local governmental entity that incurred expenses to
incarcerate the responsible party in an amount equal to the
amount of money the entity spent to incarcerate the responsible
party.
(3) If there is any money remaining after the distribution under
subdivision (2), the money shall be distributed to the violent
crime victims compensation fund established by IC 5-2-6.1-40.
To receive money distributed under this subsection, a state or local
governmental entity must petition the court before which the
responsible party is to be tried or in which the responsible party has
been convicted for an order requiring the division to distribute
money to the entity from the escrow account.
(c) The division may not make the payment under this section
unless at least two (2) years have elapsed from the time the
responsible party committed the act for which the responsible party
has been charged. The division may not make the payment while a
civil 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 not
convicted 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 the
case 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 escrow
account to the responsible party.
(b) If a responsible party is found to lack the competency
necessary to stand trial, the division shall distribute all money
remaining in the escrow account to the responsible party if:
(1) the responsible party does not become competent to stand
trial within five (5) years after the money is first placed in the
escrow 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.
IC 5-2-6.3
Chapter 6.3. Broadcast or Publication of Crime Stories of
Accused or Convicted Felons
IC 5-2-6.3-1 Division
Sec. 1. As used in this chapter, "division" refers to the victim
services 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 an
individual who has been formally charged with or convicted of a
felony. 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 of
money
Sec. 3. (a) If:
(1) a responsible party derives income or other proceeds
directly or indirectly from a felony of which the responsible
party has been accused or convicted:
(A) the responsible party; or
(B) any other person that possesses or controls the income or
proceeds;
shall transfer ninety percent (90%) of the income or proceeds to
the 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 party
speaks about;
the responsible party's thoughts, feelings, opinions, or emotions
regarding a felony of which the responsible party has been
accused or convicted, the person shall submit a copy of the
contract to the division and shall pay to the division ninety
percent (90%) of the money that would otherwise, by terms of
the 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 party
has been accused or convicted; or
(B) if a victim is deceased, the victim's heirs;
that the responsible party has entered into a contract described
in subsection (a).
(2) Deposit the money under subsection (a) in a separate
interest bearing escrow account.
(3) Only make distributions from the account in accordance
with 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 before
which the responsible party is to be tried or in which the responsible
party has been convicted for an order requiring the division to
distribute money from the escrow account to the responsible party in
an amount up to the total in the escrow account at the time the
petition is filed.
(b) The court shall make an order under subsection (a) only upon
a showing that:
(1) without use of the money held in the escrow account, the
responsible party would be indigent; and
(2) the money will be used for the exclusive purpose of
retaining legal counsel or for investigation during any stage of
the felony proceedings against the responsible party, including
the appeals process.
(c) Upon receipt of a court order issued under this section, the
division shall distribute the required amount from the money in the
escrow account. As added by P.L.47-1993, SEC.3.
IC 5-2-6.3-5 Distribution of escrowed money to victims and victims' heirs
receiving damage awards
Sec. 5. (a) Subject to subsection (b), if the victim or the victim's
heirs receive a damage award as a result of a civil action arising from
the felonious act that has been charged, the person awarded the
damages may petition the court for an order requiring the division to
distribute money to the person from the escrow account.
(b) The court may make an order under subsection (a) only for an
amount equal to the amount by which the damage award exceeds the
value of the defendant's assets that are in the defendant's possession
and 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 and
violent 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 time
for appeals has expired;
the division may distribute all money remaining in the escrow
account under subsection (b) after the money has been distributed to
a victim or the victim's heirs under section 5 of this chapter.
(b) The division shall distribute money remaining in the escrow
account in the following priority:
(1) The money shall be distributed to the state or local
governmental entity that has incurred or will incur the greatest
expense to incarcerate the responsible party in an amount equal
to:
(A) the amount of money the entity spent to incarcerate the
responsible party; or
(B) the estimated amount of money the entity will spend to
incarcerate the responsible party.
(2) If there is any money remaining after the distribution under
subdivision (1), the money shall be distributed to any other state
or local governmental entity that incurred expenses to
incarcerate the responsible party in an amount equal to the
amount of money the entity spent to incarcerate the responsible
party.
(3) If there is any money remaining after the distribution under
subdivision (2), the money shall be distributed to the violent
crime victims compensation fund established by IC 5-2-6.1-40.
To receive money distributed under this subsection, a state or local
governmental entity must petition the court before which the
responsible party is to be tried or in which the responsible party has
been convicted for an order requiring the division to distribute
money to the entity from the escrow account.
(c) The division may not make the payment under this section
unless at least two (2) years have elapsed from the time the
responsible party committed the act for which the responsible party
has been charged. The division may not make the payment while a
civil 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 not
convicted 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 the
case 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 escrow
account to the responsible party.
(b) If a responsible party is found to lack the competency
necessary to stand trial, the division shall distribute all money
remaining in the escrow account to the responsible party if:
(1) the responsible party does not become competent to stand
trial within five (5) years after the money is first placed in the
escrow 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.
IC 5-2-6.3
Chapter 6.3. Broadcast or Publication of Crime Stories of
Accused or Convicted Felons
IC 5-2-6.3-1 Division
Sec. 1. As used in this chapter, "division" refers to the victim
services 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 an
individual who has been formally charged with or convicted of a
felony. 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 of
money
Sec. 3. (a) If:
(1) a responsible party derives income or other proceeds
directly or indirectly from a felony of which the responsible
party has been accused or convicted:
(A) the responsible party; or
(B) any other person that possesses or controls the income or
proceeds;
shall transfer ninety percent (90%) of the income or proceeds to
the 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 party
speaks about;
the responsible party's thoughts, feelings, opinions, or emotions
regarding a felony of which the responsible party has been
accused or convicted, the person shall submit a copy of the
contract to the division and shall pay to the division ninety
percent (90%) of the money that would otherwise, by terms of
the 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 party
has been accused or convicted; or
(B) if a victim is deceased, the victim's heirs;
that the responsible party has entered into a contract described
in subsection (a).
(2) Deposit the money under subsection (a) in a separate
interest bearing escrow account.
(3) Only make distributions from the account in accordance
with 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 before
which the responsible party is to be tried or in which the responsible
party has been convicted for an order requiring the division to
distribute money from the escrow account to the responsible party in
an amount up to the total in the escrow account at the time the
petition is filed.
(b) The court shall make an order under subsection (a) only upon
a showing that:
(1) without use of the money held in the escrow account, the
responsible party would be indigent; and
(2) the money will be used for the exclusive purpose of
retaining legal counsel or for investigation during any stage of
the felony proceedings against the responsible party, including
the appeals process.
(c) Upon receipt of a court order issued under this section, the
division shall distribute the required amount from the money in the
escrow account. As added by P.L.47-1993, SEC.3.
IC 5-2-6.3-5 Distribution of escrowed money to victims and victims' heirs
receiving damage awards
Sec. 5. (a) Subject to subsection (b), if the victim or the victim's
heirs receive a damage award as a result of a civil action arising from
the felonious act that has been charged, the person awarded the
damages may petition the court for an order requiring the division to
distribute money to the person from the escrow account.
(b) The court may make an order under subsection (a) only for an
amount equal to the amount by which the damage award exceeds the
value of the defendant's assets that are in the defendant's possession
and 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 and
violent 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 time
for appeals has expired;
the division may distribute all money remaining in the escrow
account under subsection (b) after the money has been distributed to
a victim or the victim's heirs under section 5 of this chapter.
(b) The division shall distribute money remaining in the escrow
account in the following priority:
(1) The money shall be distributed to the state or local
governmental entity that has incurred or will incur the greatest
expense to incarcerate the responsible party in an amount equal
to:
(A) the amount of money the entity spent to incarcerate the
responsible party; or
(B) the estimated amount of money the entity will spend to
incarcerate the responsible party.
(2) If there is any money remaining after the distribution under
subdivision (1), the money shall be distributed to any other state
or local governmental entity that incurred expenses to
incarcerate the responsible party in an amount equal to the
amount of money the entity spent to incarcerate the responsible
party.
(3) If there is any money remaining after the distribution under
subdivision (2), the money shall be distributed to the violent
crime victims compensation fund established by IC 5-2-6.1-40.
To receive money distributed under this subsection, a state or local
governmental entity must petition the court before which the
responsible party is to be tried or in which the responsible party has
been convicted for an order requiring the division to distribute
money to the entity from the escrow account.
(c) The division may not make the payment under this section
unless at least two (2) years have elapsed from the time the
responsible party committed the act for which the responsible party
has been charged. The division may not make the payment while a
civil 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 not
convicted 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 the
case 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 escrow
account to the responsible party.
(b) If a responsible party is found to lack the competency
necessary to stand trial, the division shall distribute all money
remaining in the escrow account to the responsible party if:
(1) the responsible party does not become competent to stand
trial within five (5) years after the money is first placed in the
escrow 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.
