(a)Any person who contracts with a defendant convicted of
a criminal act in this state, or the defendant's representative
or assignee, for payment of any profits from the criminal act of
which the defendant is convicted shall pay to the division any
money that would otherwise by terms of the contract be paid to
the defendant or the defendant's representatives or assignees.
The division shall deposit the money in an escrow account for
the benefit of any victim of the criminal act of which the
defendant was convicted.
(b)Notwithstanding any other applicable statute of
limitations, any person who is a victim of the criminal act from
which a defendant receives profits under subsection (a) of this
section may, within five (5) years of the establishment of the
escrow account:
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(a) Any person who contracts with a defendant convicted of
a criminal act in this state, or the defendant's representative
or assignee, for payment of any profits from the criminal act of
which the defendant is convicted shall pay to the division any
money that would otherwise by terms of the contract be paid to
the defendant or the defendant's representatives or assignees.
The division shall deposit the money in an escrow account for
the benefit of any victim of the criminal act of which the
defendant was convicted.
(b) Notwithstanding any other applicable statute of
limitations, any person who is a victim of the criminal act from
which a defendant receives profits under subsection (a) of this
section may, within five (5) years of the establishment of the
escrow account:
(i) Enforce any order of restitution entered against
the defendant against the monies on deposit in the escrow
account; or
(ii) Bring a civil action in a court of competent
jurisdiction to recover a judgment against the defendant or the
defendant's representatives or designees and enforce the
judgment against monies on deposit in the escrow account.
(c) Upon establishing an escrow account pursuant to
subsection (a) of this section, the division shall notify, at
their last known address, all known victims of the criminal act
of the establishment of the escrow account. The notice shall
specify the existence of the escrow account, the amount on
deposit and the victim's right to execute an order of
restitution or bring a civil action to recover against the
monies in the escrow account within five (5) years of the date
the escrow account is established.
(d) The attorney general is authorized to bring any action
necessary to enforce subsection (a) of this section. If the
attorney general prevails in an action under this subsection,
the court shall order the payment from the monies recovered to
the attorney general of reasonable costs and attorney's fees.