North Carolina § 15B-30 - Declaration of policy and purpose.

§ 15B-30. Declaration of policy and purpose.

The General Assembly of North Carolina hereby declares as a matter of public policy that: No person who commits a crime should thereafter gain monetary profit as the result of committing the crime. Victims of crime have a special relationship to any profit from the crime committed against them, including the personal belongings and memorabilia of a convicted felon whose criminal actions and resulting notoriety enhance the value of those belongings and memorabilia. To the extent profit from crime would not have been realized but for an offender's commission of illegal acts, an offender does not have an equitable interest in the profit and allowing the offender to retain the profit would result in the offender's unjust enrichment. The General Assembly finds that the State has a compelling interest in ensuring that persons convicted of crimes do not profit from those crimes, and that victims of crime are compensated by those who have harmed them. The General Assembly further finds that crime victims have difficulty satisfying restitution orders or civil judgments entered against their offenders because the victims often lack the expertise and resources to identify or locate assets that an offender may have. In order to carry out this public policy and to satisfy these compelling interests, the General Assembly has enacted the provisions of this Article providing a mechanism by which crime victims are notified of the existence of an offender's assets and are authorized to bring an action to recover those assets. History (2004-159, s. 2.) Editor's Note. - Session Laws 2004-159, s. 5, made this Article effective October 1, 2004, and applicable to contracts for profit from crime entered into on or after that date or funds of an offender that have accrued on or after that date. Session Laws 2004-159, s. 4, contains a severability clause.