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


Senate Research CenterC.S.S.B. 795
77R8809 GWK-DBy: Ellis
Criminal Justice
3/8/2001
Committee Report (Substituted)


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.
C.S.S.B. 795 redefines "proceeds" in this application to include income
from the sale of tangible property that has 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 tangible property 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
property that is substantially similar to the property 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 property.  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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending the definition of
"proceeds" to refer to the sale of tangible property, rather than item.
Deletes previously proposed Paragraph (B) pertaining to sale income made by
certain persons other than the persons accused or convicted of a crime. 

SECTION 2.  Makes conforming changes.

SECTION 3.  Makes conforming changes.