Every natural or juridical person that contracts with a convict or person accused of a crime, or with his/her agent, legal representative, relative, participant or conspirator although not convicted of said crime, in order to recreate the commission of said crime, which includes a statement of the thoughts, feelings, opinions or emotions of the convict or defendant by means of a written document, book, magazine article or other literary expression, movie, recording, radio or television appearance, live show or any other representation, shall submit to the Office a copy of any agreement or contract entered [into] with the convict or defendant and shall remit half of the money collected from said agreement or contract which correspond to the convict or defendant to his legal representative, relative, participant or conspirator. The Office shall deposit said sum in the Special Fund created by virtue of this chapter in a reserve account, which shall be used to compensate any victim of the convict or accused, as provided below.
In order to be eligible to receive the benefits of this section, the victim should have filed a civil suit for damages resulting from the commission of the crime within five (5) years following the date the crime is committed or judgment is obtained for the redress of damages caused by the commission of the crime, within five (5) years following the date on which the reserve account is established. lf the victim is a minor at the time the events occurred, the five (5) year term shall begin counting on the date he/she attains legal age. The victim shall notify the filing of said suit to the Office. Once the notice of the suit is received, the Office shall, in turn, notify the victim of the availability of the funds that are deposited in the reserve account to satisfy the judgments in the suit for damages.
lf the victim cannot be identified or located, the Office has the obligation to publish an edict every six (6) months, for a five (5) year period counting from the date on which the money was received, in a newspaper of general circulation in Puerto Rico, to give notice that said money is available to satisfy the payment of the judgments covered by the provisions of this chapter. Once said term has elapsed without the owner having claimed or stated in writing his/her interest in the same, the money reserved as provided in this section shall become part of the Fund created by this chapter.
If the person is not convicted for the commission of a crime, the Office shall immediately reimburse all the money deposited in the reserve account, subject to any retention fee or to the judgment pronounced.
If the person is convicted, the Office shall pay according to the following order:
(a) Judgments in civil cases rendered in favor of the victim or his/her representative. If the money available in the reserve account is not sufficient to pay the judgment in its totality, it shall be divided and prorated among the persons entitled to the same. Any sum received from a previous judgment related to said crime shall be deducted from the total sum to be paid.
(b) The restitution ordered by the court.
(c) Other judgments rendered in favor of the creditors of the accused.
History —July 29, 1998, No. 183, § 15.