This bill repeals Section 19-5301 of the Idaho Code, which previously addressed the distribution of moneys received as a result of crime, and introduces a new chapter, Chapter 63, titled the "Idaho Son of Sam Law." The purpose of this new chapter is to ensure that victims of crime can recover restitution or damages from any money or property that offenders earn due to the notoriety of their crimes. It establishes definitions related to crime notoriety, offenders, and proceeds, and outlines the process for managing payments made to offenders that exploit their criminal notoriety.

Under the new provisions, any payments made to offenders for work or appearances related to their crimes must be sent to the Idaho state treasurer and placed in an interest-bearing escrow account for five years. The attorney general is responsible for notifying victims of these deposits, allowing them to file claims during the escrow period. If a victim wins a judgment, they will receive payment from the escrow account, and any remaining funds after five years will be returned to the offender. The bill also includes exceptions for certain types of payments and emphasizes that it does not restrict freedom of speech, focusing solely on the financial proceeds from crime-related publicity. Additionally, penalties are established for those who fail to comply with the new requirements. The act is set to take effect on July 1, 2026.

Statutes affected:
Bill Text: 19-5301