HBA-SEP, LJP H.B. 909 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 909 By: Talton Criminal Jurisprudence 2/25/2001 Introduced BACKGROUND AND PURPOSE Current law provides for forfeiture of proceeds gained from the commission of certain felonies or violent crimes including income received from certain media in which the crime was reenacted. Current law also provides for restitution to a victim, guardian of a victim, or close relative of a deceased victim (victim) and authorizes a victim to establish a lien that extends to certain personal property. What does not appear to be explicitly covered is income from the sale of an item the market value of which is increased by the notoriety gained from the felony's commission. House Bill 909 includes in the definition of "proceeds" the income of a person accused or convicted of a crime, that person's representative or assignee, or any other person from the sale of an item the market value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 909 amends the Code of Criminal Procedure to include in the definition of "proceeds" the income of a person accused or convicted of a crime, that person's representative or assignee, or any other person from the sale of an item the market value of which is increased by the notoriety gained from the conviction of an offense by the person accused or convicted of the crime. The bill requires the attorney for the state to transfer to the attorney general all proceeds minus a deduction of the fair market value of a similar item that was sold but has not been increased in value by notoriety. The bill also requires the attorney of the state to transfer the remainder of the proceeds of the sale to the owner of the item. The bill authorizes the attorney for the state, the attorney general, or certain victims, in satisfaction of a claim, to at any time bring an action to enjoin the waste of income from the proceeds. EFFECTIVE DATE September 1, 2001.