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16-90-308. Proceeds from sale of rights arising from criminal act.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-308. Proceeds from sale of rights arising from criminal act.
(a)(1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.
(2) As used in subdivision (a)(1) of this section, “benefit economically” does not include reimbursement for travel or other expenses.
(3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.
(b)(1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation.
(2) As used in subdivision (b)(1) of this section, “legal representation” includes costs of expert witnesses and testing of evidence.
(c)(1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.
(2) If no victim
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-90-308
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 47b85945d1aab8dba15686db6a3edc7037a846bf09e1182c7cdbeb8acdc5af0c
Source location: content.xml paragraph 34425
Stored source content
16-90-308. Proceeds from sale of rights arising from criminal act.
(a)(1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.
(2) As used in subdivision (a)(1) of this section, “benefit economically” does not include reimbursement for travel or other expenses.
(3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.
(b)(1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation.
(2) As used in subdivision (b)(1) of this section, “legal representation” includes costs of expert witnesses and testing of evidence.
(c)(1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.
(2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program.
(3) Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant.
(d) The circuit court in which the charges were filed shall publish a notice in at least one (1) newspaper of general circulation in each county of the state one (1) time every year for four (4) years from the date the money is deposited with the circuit court, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this section.
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