AB 540, as introduced, Campos. Restitution: entertainment profits.
Existing law requires the court to order criminal defendants to pay restitution to the victim or victims as well as a fine. Existing law authorizes the collection of the restitution fine and fee by the Department of Corrections and Rehabilitation, if the person is under the jurisdiction of the department, or the county collection program if the person is, or was, under the county’s jurisdiction. Existing law also makes any portion of a restitution fine or restitution fee enforceable by the California Victim Compensation and Government Claims Board, as specified. Restitution is enforceable by the victim as a judgment.
This bill would require a person, organization, or company that enters into a contract to pay a person, who has been convicted of a crime and who is required to pay restitution, for the rights to his or her story, information relating to the crime for use by the company in an entertainment product, as defined, or consulting fees for the production of an entertainment product, to notify specified entities, including the California Victim Compensation and Government Claims Board, of the amount to be paid.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1202.47 is added to the Penal Code, to
2read:
(a) A person, organization, or company that enters
4into a contract to pay a person, who has been convicted of a crime
5and who is required to pay restitution pursuant to Section 1202.4,
6for the rights to his or her story, information relating to the crime
7for use by the company in an entertainment product, or consulting
8fees for the production of an entertainment product, shall notify
9all of the following as to the amount contracted to be paid:
10(1) The court where the person was sentenced for the crime.
11(2) The Department of Corrections and Rehabilitation, if the
12person is currently under the jurisdiction of that department by
13reason of (A) being incarcerated in a state prison, a
facility under
14the jurisdiction of the Division of Juvenile Justice, or a state
15hospital, (B) on parole, or (C) for any other reason.
16(3) The county sheriff, if the person is currently under the
17jurisdiction of the county by reason of (A) being incarcerated in
18a county jail, (B) on probation, postrelease community supervision,
19or mandatory supervision, or (C) for any other reason.
20(4) The California Victim Compensation and Government
21Claims Board.
22(5) The district attorney that prosecuted the relevant crime.
23(6) (A) The victim if his or her contact information is reasonably
24available.
25(B) If the victim is deceased, his or her next of kin, if known
26and if their contact
information is readily available.
27(b) For purposes of this section, “entertainment product” means
28a book, play, screen play, television show, movie, advertising
29campaign, or other similar product that is based, in whole or in
30part, on the criminal actions of the person being paid.
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