This bill repeals Section 19-5301 of the Idaho Code, which previously governed the distribution of moneys received as a result of crime, and introduces a new 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 financial gains that offenders earn due to the notoriety of their crimes. The law specifically regulates the proceeds derived from criminal notoriety while protecting constitutional free expression, clarifying that it does not restrict speech itself.

Under the new provisions, any payments made to offenders for exploiting their criminal notoriety must be sent to the Idaho state treasurer, who will hold the funds 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 chapter also outlines exceptions to its provisions and emphasizes that it does not infringe upon freedom of speech, ensuring compliance with constitutional protections.

Statutes affected:
Bill Text: 19-5301
Engrossment 1: 19-5301