AB 540: Restitution: entertainment profits.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-23
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 countys 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.
(a)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 pursuant to Section 1202.4, for the rights to his or her story, information relating to the crime for use by the company in an entertainment product, or consulting fees for the production of an entertainment product, shall notify all of the following as to the amount contracted to be paid:
(1)The court where the person was sentenced for the crime.
(2)The Department of Corrections and Rehabilitation, if the person is currently under the jurisdiction of that department by reason of (A) being incarcerated in a state prison, a facility under the jurisdiction of the Division of Juvenile Justice, or a state hospital, (B) on parole, or (C) for any other reason.
(3)The county sheriff, if the person is currently under the jurisdiction of the county by reason of (A) being incarcerated in a county jail, (B) on probation, postrelease community supervision, or mandatory supervision, or (C) for any other reason.
(4)The California Victim Compensation and Government Claims Board.
(5)The district attorney that prosecuted the relevant crime.
(6)(A)The victim if his or her contact information is reasonably available.
(B)If the victim is deceased, his or her next of kin, if known and if their contact information is readily available.
(b)For purposes of this section, entertainment product means a book, play, screen play, television show, movie, advertising campaign, or other similar product that is based, in whole or in part, on the criminal actions of the person being paid.
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Date
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Status
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|---|---|
| Feb 23, 2015 | Read first time. To print. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
| Mar 5, 2015 | Referred to Com. on PUB. S. |
| Apr 7, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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