(a) The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account:
(1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or
(2) Upon disposition of the criminal charges favorable to the defendant.
(b) If the defendant fails to make a showing under subdivision (a)(1) to the attorney general and reporter that the limitations period has expired, within six (6) months after the expiration of the period, the attorney general and reporter shall turn over all moneys in the escrow account to the criminal injuries compensation fund of this state.
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