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. Subsection (k), Article 59.06, Code of Criminal
1-17 Procedure, is 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
1-25 value of which is increased by the notoriety gained from the
2-1 conviction of an offense by the person accused or convicted of the
2-2 crime, minus the deduction authorized by this subdivision. The
2-3 attorney for the state shall determine the fair market value of
2-4 property that is substantially similar to the property that was
2-5 sold but that has not been increased in value by notoriety and
2-6 deduct that amount from the proceeds of the sale. After
2-7 transferring income to the attorney general, the attorney for the
2-8 state shall transfer the remainder of the proceeds of the sale to
2-9 the owner of the property. The attorney for the state, the
2-10 attorney general, or a person who may be entitled to claim money
2-11 from the escrow account described by Subdivision (3) in
2-12 satisfaction of a claim may at any time bring an action to enjoin
2-13 the waste of income described by this subdivision.
2-14 (3) The attorney general shall deposit the money or
2-15 proceeds from the sale of the property into an escrow account. The
2-16 money in the account is available to satisfy a judgment against the
2-17 person who committed the crime in favor of a victim of the crime if
2-18 the judgment is for damages incurred by the victim caused by the
2-19 commission of the crime. The attorney general shall transfer the
2-20 money in the account that has not been ordered paid to a victim in
2-21 satisfaction of a judgment to the compensation to victims of crime
2-22 fund on the fifth anniversary of the date the account was
2-23 established. In this subsection, "victim" has the meaning assigned
2-24 by Article 56.32.
2-25 SECTION 3. This Act takes effect September 1, 2001, and
2-26 applies to the forfeiture of proceeds from the sale of tangible
3-1 property described by Subdivision (2), Subsection (k), Article
3-2 59.06, Code of Criminal Procedure, as amended by this Act, only if
3-3 the sale occurs on or after that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 795 passed the Senate on
April 11, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 795 passed the House on
May 1, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor