South Carolina General Assembly
103rd Session, 1979-1980

Bill 2365

                    Current Status

Bill Number:               2365
Ratification Number:       425
Act Number                 372
Introducing Body:          House
Subject:                   Funds escrowed of persons charged with
                           certain crimes
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.