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.