                                 CODE OF VIRGINIA

SPECIAL ORDER OF ESCROW (§ 19.2-368.20)

A. Any proceeds or profits received or to be received directly or indirectly,
except property that may be forfeited to the Commonwealth pursuant to
&#xA7;&#xA7; 19.2-386.15 through 19.2-386.31, by a defendant or a transferee of
that defendant from any source, as a direct or indirect result of his crime or
sentence, or the notoriety which such crime or sentence has conferred upon him,
shall be subject to a special order of escrow.

B. Income from the defendant&#8217;s employment in a position unrelated to his
crime or the notoriety which such crime has conferred upon him but obtained
through the assistance of or rehabilitative training by correctional or mental
health programs or personnel shall not be subject to a special order of escrow
under this section, and nothing in this section shall be construed to prohibit
or hinder the return of property belonging to victims of crime to its rightful
owners. Any proceeds from a contract relating to a depiction or discussion of
the defendant&#8217;s crime in a movie, book, newspaper, magazine, radio or
television production, or live entertainment or publication of any kind shall
not be subject to a special order of escrow unless an integral part of the work
is a depiction or discussion of the defendant&#8217;s crime or an impression of
the defendant&#8217;s thoughts, opinions, or emotions regarding such crime.

C. Upon petition of the attorney for the Commonwealth filed at any time after
conviction of such defendant or his acquittal by reason of insanity and after
notice to the interested parties, a hearing upon the motion and a finding for
the Commonwealth, for good cause shown, any circuit court in which the petition
is filed shall order that such proceeds be subject to a special order of escrow.

   1. The petition shall be filed in the circuit court of the jurisdiction where
   the defendant was convicted or acquitted by reason of insanity.

   2. The petition shall set forth in general terms the causes for entry of the
   special order of escrow, and be signed by the attorney for the Commonwealth.

   3. Upon the filing of the petition, the clerk shall forthwith issue a warrant
   directed to the sheriff or other law-enforcement officer of the county or
   city, commanding him to take the property into his possession and hold the
   same subject to further proceedings in the cause. If for any cause the warrant
   was not executed, other like warrants may be successively issued until one is
   executed. The officer serving the warrant shall take the property into his
   possession and forthwith return the warrant and report to the clerk in
   writing.

   4. Any person concerned in interest may appear and make defense to the
   petition, which may be done by answer on oath.

   5. When the case is ready for trial, such issues of fact as are made by the
   pleadings, or as the court may direct, the court shall determine the whole
   matter of law and fact.

   6. Expenses and costs incurred in the proceedings shall be paid as the court,
   in its discretion, shall determine; except that no costs shall be adjudged
   against the Commonwealth.
   				An order issued under this section shall require that the defendant and
   the person with whom the defendant contracts pay to the Division any proceeds
   due the defendant under the contract and the proceeds shall be placed in a
   special escrow account for the victims of the defendant&#8217;s crime.

HISTORY: 1990, c. 549; 1992, c. 681; 2006, c. 414.