77R8809 GWK-D                           
         By Talton, Hinojosa, Keel,                             H.B. No. 909
            Turner of Coleman, Crabb, et al.
         Substitute the following for H.B. No. 909:
         By Talton                                          C.S.H.B. No. 909
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the forfeiture of profits received from the sale of
 1-3     crime memorabilia.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subdivision (7), Article 59.01, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7                 (7)  "Proceeds" includes income a person accused or
 1-8     convicted of a crime or the person's representative or assignee
 1-9     receives from:
1-10                       (A)  a movie, book, magazine article, tape
1-11     recording, phonographic record, radio or television presentation,
1-12     or live entertainment in which the crime was reenacted; or
1-13                       (B)  the sale of tangible property the value of
1-14     which is increased by the notoriety gained from the conviction of
1-15     an offense by the person accused or convicted of the crime.
1-16           SECTION 2. Article 59.06(k), Code of Criminal Procedure, is
1-17     amended to read as follows:
1-18           (k)(1)  The attorney for the state shall transfer all
1-19     forfeited property that is income from, or acquired with the income
1-20     from, a movie, book, magazine article, tape recording, phonographic
1-21     record, radio or television presentation, or live entertainment in
1-22     which a crime is reenacted to the attorney general.
1-23                 (2)  The attorney for the state shall transfer to the
1-24     attorney general all income from the sale of tangible property the
 2-1     value of which is increased by the notoriety gained from the
 2-2     conviction of an offense by the person accused or convicted of the
 2-3     crime, minus the deduction authorized by this subdivision.  The
 2-4     attorney for the state shall determine the fair market value of
 2-5     property that is substantially similar to the property that was
 2-6     sold but that has not been increased in value by notoriety, and
 2-7     deduct that amount from the proceeds of the sale. After
 2-8     transferring income to the attorney general, the attorney for the
 2-9     state shall transfer the remainder of the proceeds of the sale to
2-10     the owner of the property.  The attorney for the state, the
2-11     attorney general, or a person who may be entitled to claim money
2-12     from the escrow account described by Subdivision (3) in
2-13     satisfaction of a claim may at any time bring an action to enjoin
2-14     the waste of income described by this subdivision.
2-15                 (3)  The attorney general shall deposit the money or
2-16     proceeds from the sale of the property into an escrow account. The
2-17     money in the account is available to satisfy a judgment against the
2-18     person who committed the crime in favor of a victim of the crime if
2-19     the judgment is for damages incurred by the victim caused by the
2-20     commission of the crime. The attorney general shall transfer the
2-21     money in the account that has not been ordered paid to a victim in
2-22     satisfaction of a judgment to the compensation to victims of crime
2-23     fund on the fifth anniversary of the date the account was
2-24     established. In this subsection, "victim" has the meaning assigned
2-25     by Article 56.32.
2-26           SECTION 3. This Act takes effect September 1, 2001, and
2-27     applies to the forfeiture of proceeds from the sale of tangible
 3-1     property described by Article 59.06(k)(2), Code of Criminal
 3-2     Procedure, as amended by this Act, only if the sale occurs on or
 3-3     after that date.