It is enacted by the General Assembly as follows:

SECTION 1. Sections 8-12-1, 8-12-2 and 8-12-3 of the General Laws in Chapter 8-12 entitled "Conditional Escheat of Unclaimed Funds in Court Registries" are hereby amended to read as follows:

8-12-1. Report of unclaimed funds in court registries -- (a) The clerks of the supreme, superior, family, and district courts shall, during the month of July in every year, return to the court improvement project fund commission a sworn statement of all money or funds which have been on deposit in the registry of the respective court for a period of five (5) years or more next preceding the last business day of June of the then current year. The clerks of the supreme, superior, family, and district courts shall, during the month of July in every even year, return to the state court administrator funds which have been on deposit in the registry of the respective court for a period of five (5) years or more next preceding the last business day of June of the then current year. A sworn statement of all money or funds shall also be submitted.

(b) The statement shall contain as to each deposit or fund:

(1) The number and title of the case and the date of the order entered thereon in accordance with which the money was paid into the registry of the court;

(2) The name and address of the person, persons, firm, or corporation who paid the money into the registry of the court so far as the name and address appears of record;

(3) The name and address of the person, persons, firm, or corporation entitled to the money in the registry so far as the name and address appear of record in the case or are otherwise known to the clerk;

(4) The amount and date of the deposit in the registry of the court and the amount including accretions from interest or otherwise at the date of the statement; and

(5) Whether or not any claim to the deposit or fund or portion thereof is then being actively prosecuted by any person or has been made during five (5) years next preceding the last business day of the month of June in the year in which the statement is returned.

8-12-2. Deposit of unclaimed funds with court improvement project fund -- If, upon examination of the sworn statement required to be filed by the several clerks under the provisions of section 8-12-1, it shall appear that there are deposits in the registry of the supreme court, the superior court, the family court, or the district court unclaimed by any person prima facie entitled thereto, or his or her or its representative, for a period of five (5) years next preceding the last business day of the month of June of the then current year, all deposits in the registry of the applicable court unclaimed by any person, firm, or corporation, or his or her or its representatives for a period of five (5) years next preceding the last business day of the month of June of the then current year shall, together with any interest thereon, be paid to the court improvement project general fund to be held and used by the administrator of the state courts as approved by the chief justice of the supreme court subject to being repaid to the person who may thereafter establish a lawful right thereto as provided in section 8-12-3. If the court in which the registry fund has been maintained shall determine in any given case that all issues in the case have been disposed of except as to the disposition of the fund, and that no claim to the fund, any portion thereof, or the income thereof, is being actively prosecuted or has been presented to the court by any person, persons, firm, or corporation within the period of five (5) years next preceding the last business day of the month of June of the year, then the applicable court shall pay the full amount of the fund on deposit, together with all interest and accumulations thereon, to the court improvement project general fund to be held and used by it according to law, subject however, to repayment to the person, persons, firm, or corporation who may thereafter establish entitlement thereto as provided in section 8-12-3.

8-12-3. Claim for escheated funds -- (a) Any person who shall, thereafter, claim a right to money or funds so ordered by the supreme court, the superior court, the family court, or the district court to be paid to the court improvement project general fund, may file a complaint in the superior court within and for the county of Providence. The complaint shall be subject to the superior court rules of civil procedure and shall follow the course of equity. The complaint shall be filed against the state, and service of process shall be made upon the administrator of the state courts in person or at his or her respective office with someone in charge thereof. The attorney general shall appear and represent the state in such action. The superior court shall hear the complaint, and in case the final determination thereof is in favor of the plaintiff, the court shall enter its judgment directing the administrator of the state courts to repay to the plaintiff so much of the fund as the plaintiff shall have shown himself or herself entitled to receive, together with interest at a rate not to exceed six percent (6%) per annum thereon, together with the costs of the action as taxed, in accordance with the rules of civil procedure. Such interest shall begin to accumulate on the date the sum is received by the court improvement project general fund and shall cease on the earlier of fifteen (15) years following receipt or the date on which payment is made to the owner. Thereupon, the clerk shall, forthwith, forward to the administrator of the state courts the execution based upon the judgment and including costs as taxed. The court improvement project general fund will pay the amount named in the execution to the party entitled thereto.

(b) In case the action shall be determined in favor of the state, the determination shall operate as a final bar against the claimant or his or her or its representatives. In the event of an action which is decided in favor of the claimant, review may be had by the supreme court in its discretion on petition for writ of certiorari, which must be filed within twenty (20) days by the attorney general following the judgment of the superior court.

SECTION 2. This act shall take effect upon passage.