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Regular Session, 2012 ENROLLED
SENATE BILL NO. 565
BY SENATOR DORSEY-COLOMB
AN ACT1
To amend and reenact R.S. 15:833(A) and R.S. 46:1816(B)(6), and to enact R.S.2
14:402(D)(10) and Chapter 21-C of Title 46 of the Louisiana Revised Statutes of3
1950, comprised of R.S. 46:1851 through 1857, relative to prisons and offenders; to4
provide for definitions; to provide for the creation of escrow accounts for certain5
inmates who enter into contracts for profits derived from the notoriety gained from6
their crimes; to provide relative to the distribution of escrow account funds to certain7
crime victims; to provide relative to notice to crime victims of escrow account funds8
becoming available; to provide for definitions; to provide relative to inspection of9
certain inmate correspondence; to provide relative to the Crime Victims Reparations10
Fund; to provide for the payment of certain inmate escrow account funds into the11
Crime Victims Reparations Fund; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 14:402(D)(10) is hereby enacted to read as follows:14
§402. Contraband defined; certain activities regarding contraband in penal15
institutions prohibited; penalty; disposition of seized contraband16
* * *17
D. "Contraband" as used herein means: 18
* * *19
(10) Any sketch, painting, drawing or other pictorial rendering produced20
in whole or in part by a capital offender, unless authorized by the warden of the21
institution.22
* * *23
Section 2. R.S. 15:833(A) is hereby amended and reenacted to read as follows:24
§833. Inmate contact with persons outside institution; temporary release25
A. (1) The secretary of the Department of Public Safety and Corrections may26
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authorize visits and correspondence under reasonable conditions between inmates1
and approved friends, relatives, and other persons.2
(2) The secretary shall establish and promulgate rules, regulations, and3
procedures regarding the review and inspection of all incoming and outgoing4
death row inmate correspondence in order to effectuate the purposes of Chapter5
21-C of Title 46 of the Louisiana Revised Statutes of 1950, and to determine6
whether any contractual arrangements governed by those provisions are in7
effect or being contemplated by an inmate or any other person.8
* * *9
Section 3. R.S. 46:1816(B)(6) is hereby amended and reenacted, and Chapter 21-C10
of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:1851 through11
1857, is hereby enacted to read as follows:12
§1816. Crime Victims Reparations Fund; creation; sources of funds; uses13
* * *14
B. The fund shall be composed of:15
* * *16
(6) Any monies paid into the fund from a criminal victim's escrow account17
defendant's escrow account, as provided by Chapter 21-A 21-C of this Title.18
* * *19
CHAPTER 21-C. PROFITS FROM CRIME OR NOTORIETY20
§1851. Definitions21
As used in this Chapter:22
(1) "Account" and "escrow account" mean an escrow account in the23
name of a defendant as provided for by this 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
(4) "Defendant" means an offender who has been convicted of a capital30 SB NO. 565 ENROLLED
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offense and sentenced to death in accordance with the provisions of R.S. 15:5671
through 571.2
(5) "Minor" means a person under the age of eighteen years.3
(6) "Victim" means any person who suffers death, injury, or4
catastrophic property damage as a result of the defendant's crime, or any5
person who is otherwise eligible to have a judgment or reparations award6
satisfied from a defendant's escrow account as provided for by this Chapter, or7
any legal representative thereof, but does not include any person denied8
eligibility for a reparations award by Chapter 21 of Title 46 of the Louisiana9
Revised Statutes of 1950.10
§1852. Profits relative to criminal acts or notoriety11
A.(1) Any proceeds or profits from any source, received or to be12
received, directly or indirectly, by a defendant or by any agent, assignee, or13
representative of the defendant, as a direct or indirect result of the defendant's14
crime or sentence for such crime, or the notoriety that such crime or sentence15
has conferred upon him, shall be subject to a court order requiring that such16
proceeds or profits be paid over to the state treasurer for deposit in an escrow17
account as provided for in this Section, if not otherwise deposited with the18
treasurer as provided for in Paragraph (2) of this Subsection.19
(2) Every person, firm, corporation, partnership, association, or other20
legal entity that contracts with a defendant for any purpose described in21
Paragraph (1) of this Subsection shall file a copy of the contract with the state22
treasurer, and shall pay over to the treasurer, commencing with the date of the23
first payment under the contract, any funds that otherwise, by terms of the24
contract, would be payable to the defendant or to the defendant's agent,25
assignee, or representative. If the contracting party fails to meet the obligation26
of payment as required by this Paragraph, then the treasurer, through the27
attorney general, shall bring a civil action in a court of competent jurisdiction28
to enforce payment.29
B.(1) Any proceeds from a contract with the defendant relating to a30 SB NO. 565 ENROLLED
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depiction or discussion of the defendant's crime in a movie, book, newspaper,1
magazine, radio or television production, or live entertainment or publication2
of any kind shall not be subject to court order requiring payment of such3
proceeds to the treasurer unless an integral part of the work is a depiction or4
discussion of the defendant's crime or an impression of the defendant's5
thoughts, opinions, or emotions regarding such crime.6
(2) Nothing in this Section shall be construed to prohibit or hinder the7
return of property belonging to victims of crime to its rightful owners.8
C.(1) Upon petition of the attorney general filed at any time after the9
defendant is convicted and after notice to all interested parties and a hearing10
upon the petition and a finding for the state, the court shall order that such11
proceeds or profits as described in Subsection A of this Section be paid over to12
the state treasurer for deposit in an escrow account in the name of the13
defendant for the benefit of the victims of the defendant's crime.14
(2) The petition shall be filed in the judicial district where the defendant15
was convicted or in the judicial district in which the defendant is incarcerated.16
(3) Upon the filing of the petition, the clerk shall issue a writ of17
attachment or of sequestration, directing the sheriff of the parish where the18
petition was filed to take the defendant's property into his possession and hold19
such property subject to further proceedings in the cause. If for any reason the20
writ is not executed, other writs may be successively issued until one is executed.21
Concurrent writs may be directed to sheriffs of several parishes.22
(4) Expenses and costs incurred in the proceedings shall be paid as the23
court, in its discretion, shall determine, except that no costs shall be assessed24
against the state.25
D. A victim who meets the eligibility requirements and other provisions26
of this Chapter shall be entitled, subject to the limitations contained in this27
Chapter, to an amount from the defendant's escrow account equal to the28
unsatisfied portion of the civil judgment or reparations award obtained by the29
victim.30 SB NO. 565 ENROLLED
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§1853. Distribution of escrow account funds1
A. Proceeds paid into an escrow account provided for by this Chapter2
shall be retained for a period of ten years after the date of the court order or3
deposit by the contracting party, but during that period may be levied upon to4
satisfy a money judgment or reparations award rendered in favor of a victim5
or the legal representative of the victim of the defendant's crime.6
B. If so ordered by a court, with notice to all interested parties and7
opportunity for hearing, the escrow account shall be used to satisfy, and8
disbursements made therefrom by the treasurer, in the following order:9
(1) Court-ordered restitution in favor of a victim of the defendant's10
crime.11
(2) A money judgment rendered by a court or an award of reparations12
by the Crime Victims Reparations Board in favor of a victim of the defendant's13
crime.14
(3) Fees due for legal representation of the defendant in criminal15
proceedings, including the appeals process, to the extent that the defendant's16
representation was paid for by the state or an agency thereof, but such amounts17
paid shall not exceed twenty-five percent of the total amount in escrow.18
(4) Any fines or costs assessed against the defendant by a court.19
C. At the end of the ten-year period provided for in Subsection A of this20
Section, the remaining escrow account funds shall be paid into the Crime21
Victims Reparations Fund as provided for by R.S. 46:1816. However, if a civil22
action is pending against the defendant that would be eligible to be satisfied out23
of the escrow account, then the funds shall be held in escrow until completion24
of the action.25
D. If the defendant has appealed his conviction and the appeal process26
is not finalized by the expiration of the ten-year period provided for in27
Subsection A of this Section, then the remaining escrow account funds shall be28
held until the appeal process is finalized, and if the conviction is reversed, the29
treasurer shall pay any money remaining in the escrow account to the30 SB NO. 565 ENROLLED
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defendant.1
§1854. Persons eligible for awards2
A. The following persons shall be eligible to have a judgment or3
reparations award satisfied from an escrow account provided for by this4
Chapter:5
(1) A victim of the defendant's crime or the parent or legal guardian of6
a minor who is the victim of the defendant's crime.7
(2) A surviving spouse, parent, grandparent, sibling, or child, including8
posthumous children, of a victim who died as a direct result of the defendant's9
crime.10
(3) Any person, except a law-enforcement officer engaged in the11
performance of his duties, who is injured or killed while trying to prevent the12
defendant's crime from occurring in his presence, or trying to apprehend the13
defendant during the course of the crime.14
(4) A surviving spouse, parent, grandparent, sibling, or child, including15
posthumous children, of any person, except a law-enforcement officer engaged16
in the performance of his duties, who dies as a direct result of trying to prevent17
the defendant's crime from occurring in his presence, or trying to apprehend18
the defendant during the course of the crime.19
(5) Any other person legally dependent for his principal support from the20
victim who dies as a result of the defendant's crime, or legally dependent for his21
principal support from any person who dies as a direct result of trying to22
prevent the defendant's crime from occurring in his presence, or trying to23
apprehend the defendant during the course of the crime.24
B. A person who is criminally responsible for the crime upon which a25
claim is based, or an accomplice or accessory of such person, shall not be26
eligible to receive an award under the provisions of this Chapter.27
C. A resident of Louisiana who is the victim of a defendant's crime28
occurring outside of Louisiana and any other person as defined in Subsection29
A of this Section who is injured as a result of a defendant's crime occurring30 SB NO. 565 ENROLLED
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outside of Louisiana shall be eligible for an award pursuant to this Chapter if1
the following conditions are met:2
(1) The person would be eligible for an award had the crime occurred in3
Louisiana.4
(2) The state, country, or territory in which the crime occurred does not5
have a victims' compensation program deemed eligible pursuant to the6
provision of the federal Victims of Crime Act, Chapter 112 of Title 42 of the7
United States Code, and does not compensate nonresidents.8
§1855. Victim's notice of intent to file a claim9
A. A victim of the defendant's crime shall register with the treasurer a10
notice of intent to file a claim against the defendant's escrow account pursuant11
to a judgment, a pending lawsuit, a prospective lawsuit, or a reparations award12
by the board, within one year after establishment of the escrow account.13
B. A failure to comply with the requirement of this Section shall forfeit14
the rights of the victim to the escrow account as against other victims who have15
filed claims, but shall not bar a claim against the escrow account filed within16
two years of the establishment of such account.17
C. No payments to victims shall be made until the time limit for filing a18
notice has expired or it is established that all victims have filed their notices,19
whichever is sooner.20
§1856. Notice to victims21
The treasurer shall notify any person who has registered with the22
treasurer as a victim of the defendant's crime upon receipt of escrow funds for23
that defendant. Additionally, at least once every six months for two years after24
the date on which the treasurer receives such escrow funds, the treasurer shall25
cause a notice to be published in the official state journal informing victims that26
such escrow funds are available to satisfy judgments or reparations awards27
pursuant to this Chapter.28
§1857. Actions to defeat purposes of chapter prohibited29
Any action taken by a defendant, whether by way of execution of a power30 SB NO. 565 ENROLLED
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of attorney, creation of corporate entities, or otherwise, to defeat the purposes1
of this Chapter shall be null and void.2
Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: