SRC-JBJ S.B. 795 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 795
77R3510 GWK-DBy: Ellis
Criminal Justice
2/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law provides for the forfeiture of certain proceeds gained
from the commission of certain felonies or violent crimes but does not
cover memorabilia or profit generated by the notoriety of the crime.  As
proposed, S.B. 795 redefines "proceeds" in this application to include
income from the sale of items that have increased in value due to the
notoriety gained by a person being accused or convicted of certain crimes
and provides for the forfeiture of such income. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 59.01(7), Code of Criminal Procedure, to
redefine "proceeds." 

SECTION 2.  Amends Article 59.06(k), Code of Criminal Procedure, to require
the attorney for the state to transfer to the attorney general all income
from the sale of an item the value of which is increased by the notoriety
gained from the conviction of an offense by the person accused or convicted
of the crime, minus the deduction authorized by this subdivision.  Requires
the attorney for the state to determine the fair market value of an item
that is substantially similar to the item that was sold but that has not
been increased in value by notoriety, and deduct that amount from the
proceeds of the sale. Requires the attorney for the state, after
transferring income to the attorney general, to transfer the remainder of
the proceeds of the sale to the owner of the item.  Authorizes the attorney
for the state, the attorney general, or a person who may be entitled to
claim money from the escrow account described by Subdivision (3) in
satisfaction of a claim to at any time bring an action to enjoin the waste
of income described by this subdivision. 

SECTION 3.  Effective date: September 1, 2001.
            Makes application of this Act prospective.