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Regular Session, 2012
SENATE BILL NO. 565
BY SENATOR DORSEY-COLOMB
CRIME/PUNISHMENT. Prohibit death row inmate from selling items produced by him.
(gov sig)
AN ACT1
To amend and reenact R.S. 15:833(A) and R.S. 46:1816(B)(6), and to enact Chapter 21-C2
of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:18513
through 1857, relative to prisons and prisoners; to provide for the creation of escrow4
accounts for certain prisoners who enter into contracts for profits derived from the5
notoriety gained from their crimes; to provide relative to the distribution of escrow6
account funds to certain crime victims; to provide relative to notice to crime victims7
of escrow account funds becoming available; to provide for definitions; to provide8
relative to inspection of certain prisoner correspondence; to provide relative to the9
Crime Victims Reparations Fund; to provide for the payment of certain prisoner10
escrow account funds into the Crime Victims Reparations Fund; and to provide for11
related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 15:833(A) is hereby amended and reenacted to read as follows:14
§833. Inmate contact with persons outside institution; temporary release15
A. (1) The secretary of the Department of Public Safety and Corrections may16
authorize visits and correspondence under reasonable conditions between inmates17 SB NO. 565
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and approved friends, relatives, and other persons.1
(2) The secretary shall establish and promulgate rules, regulations, and2
procedures regarding the review and inspection of all incoming and outgoing3
inmate correspondence in order to effectuate the purposes of Chapter 21-C of4
Title 46 of the Louisiana Revised Statutes of 1950, and to determine whether5
any contractual arrangements governed by those provisions are in effect or6
being contemplated by an inmate or any other person.7
* * *8
Section 2. R.S. 46:1816(B)(6) is hereby amended and reenacted, and Chapter 21-C9
of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:1851 through10
1857, is hereby enacted to read as follows:11
§1816. Crime Victims Reparations Fund; creation; sources of funds; uses12
* * *13
B. The fund shall be composed of:14
* * *15
(6) Any monies paid into the fund from a criminal victim's escrow account16
defendant's escrow account, as provided by Chapter 21-A 21-C of this Title.17
* * *18
CHAPTER 21-C. PROFITS FROM CRIME OR NOTORIETY19
§1851. Definitions20
As used in this Chapter:21
(1) "Account" and "escrow account" mean an escrow account in the22
name of a defendant convicted of a crime of violence as provided for by this23
Chapter.24
(2) "Board" means the Crime Victims Reparations Board provided for25
by Chapter 21 of Title 46 of the Louisiana Revised Statutes of 1950.26
(3) "Catastrophic property damage" means catastrophic property27
damage as defined in Chapter 21 of Title 46 of the Louisiana Revised Statutes28
of 1950.29 SB NO. 565
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(4) "Crime" or "crime of violence" means a crime of violence as defined1
in R.S. 14:2.2
(5) "Defendant" means a person convicted of a crime of violence or3
found not guilty of a crime of violence by reason of insanity or who has pled4
guilty or nolo contendere to a crime of violence.5
(6) "Minor" means a person under the age of eighteen years.6
(7) "Victim" means any person who suffers death, injury, or7
catastrophic property damage as a result of the defendant's crime of violence,8
or any person who is otherwise eligible to have a judgment or reparations9
award satisfied from a defendant's escrow account as provided for by this10
Chapter, or any legal representative thereof, but does not include any person11
denied eligibility for a reparations award by Chapter 21 of Title 46 of the12
Louisiana Revised Statutes of 1950.13
§1852. Profits relative to criminal acts or notoriety14
A.(1) Any proceeds or profits from any source, received or to be15
received, directly or indirectly, by a defendant or by any agent, assignee, or16
representative of the defendant, as a direct or indirect result of the defendant's17
crime or sentence for such crime, or the notoriety that such crime or sentence18
has conferred upon him, shall be subject to a court order requiring that such19
proceeds or profits be paid over to the state treasurer for deposit in an escrow20
account as provided for in this Section, if not otherwise deposited with the21
treasurer as provided for in Paragraph (2) of this Subsection.22
(2) Every person, firm, corporation, partnership, association, or other23
legal entity that contracts with a defendant for any purpose described in24
Paragraph (1) of this Subsection shall file a copy of the contract with the state25
treasurer, and shall pay over to the treasurer, commencing with the date of the26
first payment under the contract, any funds that otherwise, by terms of the27
contract, would be payable to the defendant or to the defendant's agent,28
assignee, or representative. If the contracting party fails to meet the obligation29 SB NO. 565
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of payment as required by this Paragraph, then the treasurer, through the1
attorney general, shall bring a civil action in a court of competent jurisdiction2
to enforce payment.3
B.(1) Any proceeds from a contract with the defendant relating to a4
depiction or discussion of the defendant's crime in a movie, book, newspaper,5
magazine, radio or television production, or live entertainment or publication6
of any kind shall not be subject to court order requiring payment of such7
proceeds to the treasurer unless an integral part of the work is a depiction or8
discussion of the defendant's crime or an impression of the defendant's9
thoughts, opinions, or emotions regarding such crime.10
(2) Nothing in this Section shall be construed to prohibit or hinder the11
return of property belonging to victims of crime to its rightful owners.12
C.(1) Upon petition of the attorney general filed at any time after the13
defendant is convicted or found not guilty by reason of insanity or pleads guilty14
or nolo contendere, and after notice to all interested parties and a hearing upon15
the petition and a finding for the state, the court shall order that such proceeds16
or profits as described in Subsection A of this Section be paid over to the state17
treasurer for deposit in an escrow account in the name of the defendant for the18
benefit of the victims of the defendant's crime.19
(2) The petition shall be filed in the judicial district where the defendant20
was convicted or found not guilty by reason of insanity or pled guilty or nolo21
contendere, or in the judicial district in which the defendant is incarcerated.22
(3) Upon the filing of the petition, the clerk shall issue a writ of23
attachment or of sequestration, directing the sheriff of the parish where the24
petition was filed to take the defendant's property into his possession and hold25
such property subject to further proceedings in the cause. If for any reason the26
writ is not executed, other writs may be successively issued until one is executed.27
Concurrent writs may be directed to sheriffs of several parishes.28
(4) Expenses and costs incurred in the proceedings shall be paid as the29 SB NO. 565
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court, in its discretion, shall determine, except that no costs shall be assessed1
against the state.2
D. A victim who meets the eligibility requirements and other provisions3
of this Chapter shall be entitled, subject to the limitations contained in this4
Chapter, to an amount from the defendant's escrow account equal to the5
unsatisfied portion of the civil judgment or reparations award obtained by the6
victim.7
§1853. Distribution of escrow account funds8
A. Proceeds paid into an escrow account provided for by this Chapter9
shall be retained for a period of ten years after the date of the court order or10
deposit by the contracting party, but during that period may be levied upon to11
satisfy a money judgment or reparations award rendered in favor of a victim12
or the legal representative of the victim of the defendant's crime.13
B. If so ordered by a court, with notice to all interested parties and14
opportunity for hearing, the escrow account shall be used to satisfy, and15
disbursements made therefrom by the treasurer, in the following order:16
(1) Court ordered restitution in favor of a victim of the defendant's17
crime.18
(2) A money judgment rendered by a court or an award of reparations19
by the Crime Victims Reparations Board in favor of a victim of the defendant's20
crime.21
(3) Fees due for legal representation of the defendant in criminal22
proceedings, including the appeals process, to the extent that the defendant's23
representation was paid for by the state or an agency thereof, but such amounts24
paid shall not exceed twenty-five percent of the total amount in escrow.25
(4) Any fines or costs assessed against the defendant by a court.26
C. At the end of the ten-year period provided for in Subsection A of this27
Section, the remaining escrow account funds shall be paid into the Crime28
Victims Reparations Fund as provided for by R.S. 46:1816. However, if a civil29 SB NO. 565
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action is pending against the defendant that would be eligible to be satisfied out1
of the escrow account, then the funds shall be held in escrow until completion2
of the action.3
D. If the defendant has appealed his conviction and the appeal process4
is not finalized by the expiration of the ten-year period provided for in5
Subsection A of this Section, then the remaining escrow account funds shall be6
held until the appeal process is finalized, and if the conviction is reversed, the7
treasurer shall pay any money remaining in the escrow account to the8
defendant.9
§1854. Persons eligible for awards10
A. The following persons shall be eligible to have a judgment or11
reparations award satisfied from an escrow account provided for by this12
Chapter:13
(1) A victim of a crime of violence or the parent or legal guardian of a14
minor who is the victim of a crime of violence.15
(2) A surviving spouse, parent, grandparent, sibling, or child, including16
posthumous children, of a victim of a crime of violence who died as a direct17
result of such crime.18
(3) Any person, except a law-enforcement officer engaged in the19
performance of his duties, who is injured or killed while trying to prevent a20
crime of violence or an attempted crime of violence from occurring in his21
presence, or trying to apprehend a person who has committed a crime of22
violence in his presence.23
(4) A surviving spouse, parent, grandparent, sibling, or child, including24
posthumous children, of any person, except a law-enforcement officer engaged25
in the performance of his duties, who dies as a direct result of trying to prevent26
a crime of violence or attempted crime of violence from occurring in his27
presence, or trying to apprehend a person who had committed a crime of28
violence in his presence.29 SB NO. 565
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(5) Any other person legally dependent for his principal support upon1
the victim of a crime of violence who dies as a result of such crime, or legally2
dependent for his principal support upon any person who dies as a direct result3
of trying to prevent a crime of violence or an attempted crime of violence from4
occurring in his presence, or trying to apprehend a person who had committed5
a crime of violence in his presence.6
B. A person who is criminally responsible for the crime upon which a7
claim is based, or an accomplice or accessory of such person, shall not be8
eligible to receive an award under the provisions of this Chapter.9
C. A resident of Louisiana who is the victim of a crime of violence10
occurring outside of Louisiana and any other person as defined in Subsection11
A of this Section who is injured as a result of a crime occurring outside of12
Louisiana shall be eligible for an award pursuant to this Chapter if the13
following conditions are met:14
(1) The person would be eligible for an award had the crime occurred in15
Louisiana.16
(2) The state, country, or territory in which the crime occurred does not17
have a victims' compensation program deemed eligible pursuant to the18
provision of the federal Victims of Crime Act, Chapter 112 of Title 42 of the19
United States Code, and does not compensate nonresidents.20
§1855. Victim's notice of intent to file a claim21
A. A victim of the defendant's crime shall register with the treasurer a22
notice of intent to file a claim against the defendant's escrow account pursuant23
to a judgment, a pending lawsuit, a prospective lawsuit, or a reparations award24
by the board, within one year after establishment of the escrow account.25
B. A failure to comply with the requirement of this Section shall forfeit26
the rights of the victim to the escrow account as against other victims who have27
filed claims, but shall not bar a claim against the escrow account filed within28
two years of the establishment of such account.29 SB NO. 565
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C. No payments to victims shall be made until the time limit for filing a1
notice has expired or it is established that all victims have filed their notices,2
whichever is sooner.3
§1856. Notice to victims4
The treasurer shall notify any person who has registered with the5
treasurer as a victim of the defendant's crime upon receipt of escrow funds for6
that defendant. Additionally, at least once every six months for two years after7
the date on which the treasurer receives such escrow funds, the treasurer shall8
cause a notice to be published in the official state journal informing victims that9
such escrow funds are available to satisfy judgments or reparations awards10
pursuant to this Chapter.11
§1857. Actions to defeat purposes of chapter prohibited12
Any action taken by a defendant, whether by way of execution of a power13
of attorney, creation of corporate entities, or otherwise, to defeat the purposes14
of this Chapter shall be null and void.15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Proposed law prohibits persons convicted of certain crimes from profiting from any notoriety
gained from the commission of those crimes or the sentences imposed for those crimes.
Proposed law provides the following definitions for purposes of proposed law:
1. "Account" and "escrow account" mean an escrow account in the name of a defendant
convicted of a crime of violence as provided for by proposed law.
2. "Board" means the Crime Victims Reparations Board as provided for by present law.
3. "Catastrophic property damage" means catastrophic property damage as defined in
present law relative to the rights of crime victims. SB NO. 565
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4. "Crime" or "crime of violence" means a crime of violence as defined in present law.
5. "Defendant" means a person convicted of a crime of violence or found not guilty of
a crime of violence by reason of insanity or who has pled guilty or nolo contendere
to a crime of violence.
6. "Minor" means a person under the age of 18 years.
7. "Victim" means any person who suffers death, injury, or catastrophic property
damage as a result of the defendant's crime of violence, or any person who is
otherwise eligible to have a judgment or reparations award satisfied from a
defendant's escrow account provided as for by proposed law, or any legal
representative thereof, but does not include any person denied eligibility for a
reparations award by present law relative to the rights of crime victims.
Proposed law provides that any proceeds or profits from any source, received or to be
received, directly or indirectly, by a defendant or by any agent, assignee, or representative
of the defendant, as a direct or indirect result of the defendant's crime or sentence for such
crime, or the notoriety that such crime or sentence has conferred upon him, are subject to a
court order requiring that such proceeds or profits be paid over to the state treasurer for
deposit in an escrow account as provided for in proposed law if not otherwise deposited with
the treasurer as provided by other provisions of proposed law.
Proposed law provides that every person, firm, corporation, partnership, association, or other
legal entity that contracts with a defendant for any purpose described in proposed law must
file a copy of the contract with the state treasurer, and pay over to the treasurer, commencing
with the date of the first payment under the contract, any funds that otherwise, by terms of
the contract, would be payable to the defendant or to the defendant's agent, assignee, or
representative. Proposed law further provides that if the contracting party fails to meet the
obligation of payment as required by proposed law, then the treasurer, through the attorney
general, is to bring a civil action in a court of competent jurisdiction to enforce payment.
Proposed law provides that any proceeds from a contract with the defendant relating to a
depiction or discussion of the defendant's crime in a movie, book, newspaper, magazine,
radio or television production, or live entertainment or publication of any kind are not
subject to court order requiring payment of such proceeds to the treasurer unless an integral
part of the work is a depiction or discussion of the defendant's crime or an impression of the
defendant's thoughts, opinions, or emotions regarding such crime.
Proposed law provides that nothing in proposed law is to be construed to prohibit or hinder
the return of property belonging to crime victims to its rightful owners.
Proposed law provides that upon petition of the attorney general filed at any time after the
defendant is convicted or found not guilty by reason of insanity or pleads guilty or nolo
contendere, and after notice to all interested parties and a hearing upon the petition and a
finding for the state, the court is to order that such proceeds or profits as described in
proposed law be paid over to the state treasurer for deposit in an escrow account in the name
of the defendant for the benefit of the victims of the defendant's crime.
Proposed law provides that the petition is to be filed in the judicial district where the
defendant was convicted or found not guilty by reason of insanity or pled guilty or nolo
contendere, or in the judicial district in which the defendant is incarcerated. Proposed law
provides that upon the filing of the petition, the clerk is to issue a writ of attachment or of
sequestration, directing the sheriff of the parish where the petition was filed to take the
defendant's property into his possession and hold such property subject to further
proceedings in the cause. Proposed law further provides that if for any reason the writ is not
executed, other writs may be successively issued until one is executed, and concurrent writs
may be directed to sheriffs of several parishes. Proposed law provides that expenses and SB NO. 565
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costs incurred in the proceedings are to be paid as the court, in its discretion, determines,
except that no costs can be assessed against the state.
Proposed law provides that a victim who meets the eligibility requirements and other
provisions of proposed law is entitled, subject to the limitations contained in proposed law,
to an amount from the defendant's escrow account equal to the unsatisfied portion of the civil
judgment or reparations award obtained by the victim.
Proposed law provides that proceeds paid into a defendant's escrow account are to be
retained for a period of 10 years after the date of the court order or deposit by the contracting
party, but during that period may be levied upon to satisfy a money judgment or reparations
award rendered in favor of a victim or the legal representative of the victim of the
defendant's crime. Proposed law further provides that, if so ordered by a court, with notice
to all interested parties and opportunity for hearing, the escrow account is to be used to
satisfy the following, in the following order:
1. Court ordered restitution in favor of a victim of the defendant's crime.
2. A money judgment rendered by a court or an award of reparations by the Crime
Victims Reparations Board in favor of a victim of the defendant's crime.
3. Fees due for legal representation of the defendant in criminal proceedings, including
the appeals process, to the extent that the defendant's representation was paid for by
the state or an agency thereof, but such amounts paid cannot exceed 25% of the total
amount in escrow.
4. Any fines or costs assessed against the defendant by a court.
Proposed law provides that at the end of the 10-year period provided for in proposed law,
the remaining escrow account funds are to be paid into the Crime Victims Reparations Fund;
however, if a civil action is pending against the defendant that would be eligible to be
satisfied out of the escrow account, then the funds are to be held in escrow until completion
of the action.
Proposed law provides that if the defendant has appealed his conviction and the appeal
process is not finalized by the expiration of the 10-year period, then the remaining escrow
account funds are to be held until the appeal process is finalized, and if the conviction is
reversed, the treasurer is to pay any money remaining in the escrow account to the
defendant.
Proposed law provides that the following persons are eligible to have a judgment or
reparations award satisfied from an escrow account provided for by proposed law:
1. A victim of a crime of violence or the parent or legal guardian of a minor who is the
victim of a crime of violence.
2. A surviving spouse, parent, grandparent, sibling, or child, including posthumous
children, of a victim of a crime of violence who died as a direct result of such crime.
3. Any person, except a law-enforcement officer engaged in the performance of his
duties, who is injured or killed while trying to prevent a crime of violence or an
attempted crime of violence from occurring in his presence, or trying to apprehend
a person who has committed a crime of violence in his presence.
4. A surviving spouse, parent, grandparent, sibling, or child, including posthumous
children, of any person, except a law-enforcement officer engaged in the
performance of his duties, who dies as a direct result of trying to prevent a crime of
violence or attempted crime of violence from occurring in his presence, or trying to SB NO. 565
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apprehend a person who had committed a crime of violence in his presence.
5. Any other person legally dependent for his principal support upon the victim of a
crime of violence who dies as a result of such crime, or legally dependent for his
principal support upon any person who dies as a direct result of trying to prevent a
crime of violence or an attempted crime of violence from occurring in his presence,
or trying to apprehend a person who had committed a crime of violence in his
presence.
Proposed law provides that a person who is criminally responsible for the crime upon which
a claim is based, or an accomplice or accessory of such person, is not eligible to receive an
award under the provisions of proposed law.
Proposed law provides that a resident of Louisiana who is the victim of a crime of violence
occurring outside of Louisiana and any other person who is injured as a result of a crime
occurring outside of Louisiana is eligible for an award pursuant proposed law if the
following conditions are met:
1. The person would be eligible for an award had the crime occurred in Louisiana.
2. The state, country, or territory in which the crime occurred does not have a victims'
compensation program deemed eligible pursuant to the provision of the federal
Victims of Crime Act and does not compensate nonresidents.
Proposed law provides that a victim of the defendant's crime is to register with the treasurer
a notice of intent to file a claim against the defendant's escrow account pursuant to a
judgment, a pending lawsuit, a prospective lawsuit, or a reparations award by the board,
within one year after establishment of the escrow account. Proposed law further provides
that a victim's failure to comply with this requirement forfeits the victim's rights to the
escrow account as against other victims who have filed claims, but does not bar a claim
against the escrow account filed within two years of the establishment of such account.
Proposed law provides that no payments to victims can be made until the time limit for filing
a notice has expired or it is established that all victims have filed their notices, whichever
is sooner.
Proposed law provides that the treasurer is to notify any person who has registered with the
treasurer as a victim of the defendant's crime upon receipt of escrow funds for that
defendant, and at least once every six months for two years after the date on which the
treasurer receives such escrow funds, the treasurer is to publish a notice in the official state
journal informing victims that such escrow funds are available to satisfy judgments or
reparations awards.
Proposed law provides that any action taken by a defendant, whether by way of execution
of a power of attorney, creation of corporate entities, or otherwise, to defeat the purposes of
proposed law is null and void.
Present law provides that the secretary of the Dept. Public Safety and Corrections may
authorize visits and correspondence under reasonable conditions between inmates and
approved friends, relatives, and other persons.
Proposed law retains present law and adds that the secretary is to establish and promulgate
rules, regulations, and procedures regarding the review and inspection of all incoming and
outgoing inmate correspondence in order to effectuate the purposes of proposed law and to
determine whether any contractual arrangements governed by the provisions of proposed law
are in effect or being contemplated by an inmate or any other person.
Present law provides for the creation and composition of the Crime Victims Reparations SB NO. 565
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Fund, including funds from the Crime Victim's Escrow Account law, which previously has
been repealed.
Proposed law deletes the reference in present law to the Crime Victim's Escrow Account,
and further provides that in addition to the other sources provided for by present law, the
Crime Victims Reparations Fund is to be composed of any monies paid into the fund
pursuant to proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:833(A) and R.S. 46:1816(B)(6); adds R.S. 46:1851-1857)