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.