Michigan Laws 780.797 – Profit from sale of recollections of thoughts and feelings with regard to offense; juvenile offense; forfeiture; escrow; distribution of proceeds
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Terms Used In Michigan Laws 780.797
- Court: means the family division of circuit court. See Michigan Laws 780.781
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Juvenile: means an individual alleged or found to be within the court's jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.781
- Offense: means 1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 780.781Probate: Proving a will Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Victim: means any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.781
(1) A juvenile adjudicated for an offense shall not derive any profit from the sale of any of the following until the victim receives any restitution or compensation ordered for him or her against the juvenile, expenses of detention are paid under subsection (3), and any balance in the escrow account created under subsection (2) is paid under subsection (4):
(a) The juvenile’s recollections of or thoughts or feelings about the offense committed by the juvenile.
(b) Memorabilia related to the offense committed by the juvenile.
(c) The juvenile’s property if its value has been enhanced or increased by the juvenile’s notoriety.
(2) Upon the disposition of a juvenile offense involving a victim, and after notice to all interested parties, an attorney for the county in which the disposition occurred or the attorney general may petition the court in which the disposition occurred to order that the juvenile forfeit all or any part of proceeds received or to be received by the juvenile or the juvenile’s representatives or assignees from any of the following:
(a) Contracts relating to the depiction of the offense or the juvenile’s recollections, thoughts, or feelings about the offense, in books, magazines, media entertainment, or live entertainment.
(b) The sale of memorabilia relating to the offense.
(c) The sale of property of the juvenile, the value of which has been enhanced or increased by the juvenile’s notoriety arising from the crime.
(3) Proceeds ordered forfeited under subsection (2) shall be held in an escrow account for a period of not more than 5 years.
(4) During the existence of an escrow account created under subsection (3), proceeds in the account shall be distributed in the following priority to satisfy the following:
(a) An order of restitution entered under section 44.
(b) Any civil judgment in favor of the victim against the juvenile.
(c) Any reimbursement for detention ordered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
(d) Fines, costs, and other assessments ordered against the juvenile.
(5) A balance remaining in an escrow account created under subsection (3) at the end of the escrow period shall be paid to the crime victim’s rights fund created under section 4 of 1989 PA 196, MCL 780.904.