Repeals and adds to existing law to establish provisions regarding proceeds derived from criminal notoriety.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1232 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO CRIME VICTIMS; REPEALING SECTION 19-5301, IDAHO CODE, RELATING2 TO DISTRIBUTION OF MONEYS RECEIVED AS A RESULT OF THE COMMISSION OF3 CRIME; AMENDING TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER4 63, TITLE 19, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING PROCEEDS5 DERIVED FROM CRIMINAL NOTORIETY; AND DECLARING AN EMERGENCY AND PROVID-6 ING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 19-5301, Idaho Code, be, and the same is hereby9 repealed.10

SECTION 2. That Title 19, Idaho Code, be, and the same is hereby amended11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-12 ter 63, Title 19, Idaho Code, and to read as follows:13 CHAPTER 6314 IDAHO SON OF SAM LAW15 19-6301. SHORT TITLE. This chapter shall be known and may be cited as16 the "Idaho Son of Sam Law."17 19-6302. PURPOSE. The purpose of this chapter is to ensure that vic-18 tims of crime may recover restitution or damages from money or property that19 offenders earn because of the publicity of their crimes. This chapter regu-20 lates only the money made, not speech itself, in order to protect constitu-21 tional free expression.22 19-6303. DEFINITIONS. As used in this chapter:23 (1) "Crime" means any felony or misdemeanor committed in this state24 that results in a conviction.25 (2) "Notoriety of a crime" means the public attention from a crime when26 directly connected to:27 (a) Telling the story of the crime;28 (b) The offender's part in the crime; or29 (c) Any materials marketed for profit where the crime is a main focus.30 (3) "Offender" means any person convicted of a crime, including juve-31 niles and persons found not guilty by reason of insanity.32 (4) "Proceeds" means money, property, royalties, or anything of value33 that an offender receives because of the crime's publicity, including book34 or movie deals, interviews, or paid appearances. Proceeds shall not include35 ordinary wages, income unrelated to the crime, or income from works that only36 mention the crime in passing.37 (5) "Victim" is as defined in section 19-5304, Idaho Code.38

2 19-6304. ESCROW ACCOUNT. Any person or company who pays an offender1 for work, performance, or appearance that exploits the notoriety of a crime2 shall send such payment to the Idaho state treasurer, who shall place the3 payment in an interest-bearing escrow account for five (5) years unless ex-4 tended by court order upon a showing of good cause. The state treasurer, in5 consultation with the attorney general and subject to legislative approval,6 shall adopt rules for such escrow administration.7 19-6305. NOTICE TO VICTIMS. The attorney general shall notify all8 known victims within thirty (30) days after money is deposited in escrow.9 Victims may file lawsuits or use restitution orders to claim funds during the10 escrow period.11 19-6306. DISTRIBUTION. (1) If a victim wins a judgment, the court12 shall order payment to the victim from the escrow account.13 (2) If more than one (1) victim has a valid claim, funds shall be divided14 fairly unless the court orders otherwise.15 (3) Any money remaining after five (5) years and after all valid claims16 are paid shall be returned to the offender.17 19-6307. EXCEPTIONS. The provisions of this chapter shall not apply18 to:19 (1) Payments for legal services;20 (2) Works of art or fiction that only briefly mention the crime;21 (3) Regular wages or income not related to the crime;22 (4) Money earned before the crime was committed; or23 (5) News or documentary works created mainly to inform or educate and24 where the offender is paid only normal interview fees.25 19-6308. FREEDOM OF SPEECH. (1) Nothing in this chapter shall be in-26 terpreted as restricting or censoring freedom of speech. The provisions of27 this chapter shall apply only to money made from the publicity of a crime, not28 to the content of expression itself.29 (2) The provisions of this chapter shall be construed narrowly to com-30 ply with the first amendment to the constitution of the United States and31 section 9, article I of the constitution of the state of Idaho.32 19-6309. PENALTIES. Any person or company that knowingly fails to sub-33 mit proceeds as required by this chapter shall be subject to a civil penalty34 of up to three (3) times the amount withheld, plus attorney's fees. The at-35 torney general may bring a civil action to recover such penalties.36

SECTION 3. An emergency existing therefor, which emergency is hereby37 declared to exist, this act shall be in full force and effect on and after38 July 1, 2026.39