By Talton H.B. No. 909 77R3510 GWK-D 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: 1-8 (A) income a person accused or convicted of a 1-9 crime or the person's representative or assignee receives from: 1-10 (i) 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 (ii) the sale of an item 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; and 1-16 (B) income any person other than a person 1-17 accused or convicted of a crime or the person's representative or 1-18 assignee receives from the sale of an item described by Paragraph 1-19 (A)(ii). 1-20 SECTION 2. Article 59.06(k), Code of Criminal Procedure, is 1-21 amended to read as follows: 1-22 (k)(1) The attorney for the state shall transfer all 1-23 forfeited property that is income from, or acquired with the income 1-24 from, a movie, book, magazine article, tape recording, phonographic 2-1 record, radio or television presentation, or live entertainment in 2-2 which a crime is reenacted to the attorney general. 2-3 (2) The attorney for the state shall transfer to the 2-4 attorney general all income from the sale of an item the value of 2-5 which is increased by the notoriety gained from the conviction of 2-6 an offense by the person accused or convicted of the crime, minus 2-7 the deduction authorized by this subdivision. The attorney for the 2-8 state shall determine the fair market value of an item that is 2-9 substantially similar to the item that was sold but that has not 2-10 been increased in value by notoriety, and deduct that amount from 2-11 the proceeds of the sale. After transferring income to the attorney 2-12 general, the attorney for the state shall transfer the remainder of 2-13 the proceeds of the sale to the owner of the item. The attorney 2-14 for the state, the attorney general, or a person who may be 2-15 entitled to claim money from the escrow account described by 2-16 Subdivision (3) in satisfaction of a claim may at any time bring an 2-17 action to enjoin the waste of income described by this subdivision. 2-18 (3) The attorney general shall deposit the money or 2-19 proceeds from the sale of the property into an escrow account. The 2-20 money in the account is available to satisfy a judgment against the 2-21 person who committed the crime in favor of a victim of the crime if 2-22 the judgment is for damages incurred by the victim caused by the 2-23 commission of the crime. The attorney general shall transfer the 2-24 money in the account that has not been ordered paid to a victim in 2-25 satisfaction of a judgment to the compensation to victims of crime 2-26 fund on the fifth anniversary of the date the account was 2-27 established. In this subsection, "victim" has the meaning assigned 3-1 by Article 56.32. 3-2 SECTION 3. This Act takes effect September 1, 2001, and 3-3 applies to the forfeiture of proceeds from the sale of an item 3-4 described by Article 59.06(k)(2), Code of Criminal Procedure, as 3-5 amended by this Act, only if the sale occurs on or after that date.