1-1 By: Ellis, Staples S.B. No. 795 1-2 (In the Senate - Filed February 20, 2001; February 21, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 12, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; March 12, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 795 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the forfeiture of profits received from the sale of 1-11 crime memorabilia. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subdivision (7), Article 59.01, Code of Criminal 1-14 Procedure, is amended to read as follows: 1-15 (7) "Proceeds" includes income a person accused or 1-16 convicted of a crime or the person's representative or assignee 1-17 receives from: 1-18 (A) a movie, book, magazine article, tape 1-19 recording, phonographic record, radio or television presentation, 1-20 or live entertainment in which the crime was reenacted; or 1-21 (B) the sale of tangible property the value of 1-22 which is increased by the notoriety gained from the conviction of 1-23 an offense by the person accused or convicted of the crime. 1-24 SECTION 2. Subsection (k), Article 59.06, Code of Criminal 1-25 Procedure, is amended to read as follows: 1-26 (k)(1) The attorney for the state shall transfer all 1-27 forfeited property that is income from, or acquired with the income 1-28 from, a movie, book, magazine article, tape recording, phonographic 1-29 record, radio or television presentation, or live entertainment in 1-30 which a crime is reenacted to the attorney general. 1-31 (2) The attorney for the state shall transfer to the 1-32 attorney general all income from the sale of tangible property the 1-33 value of which is increased by the notoriety gained from the 1-34 conviction of an offense by the person accused or convicted of the 1-35 crime, minus the deduction authorized by this subdivision. The 1-36 attorney for the state shall determine the fair market value of 1-37 property that is substantially similar to the property that was 1-38 sold but that has not been increased in value by notoriety and 1-39 deduct that amount from the proceeds of the sale. After 1-40 transferring income to the attorney general, the attorney for the 1-41 state shall transfer the remainder of the proceeds of the sale to 1-42 the owner of the property. The attorney for the state, the 1-43 attorney general, or a person who may be entitled to claim money 1-44 from the escrow account described by Subdivision (3) in 1-45 satisfaction of a claim may at any time bring an action to enjoin 1-46 the waste of income described by this subdivision. 1-47 (3) The attorney general shall deposit the money or 1-48 proceeds from the sale of the property into an escrow account. The 1-49 money in the account is available to satisfy a judgment against the 1-50 person who committed the crime in favor of a victim of the crime if 1-51 the judgment is for damages incurred by the victim caused by the 1-52 commission of the crime. The attorney general shall transfer the 1-53 money in the account that has not been ordered paid to a victim in 1-54 satisfaction of a judgment to the compensation to victims of crime 1-55 fund on the fifth anniversary of the date the account was 1-56 established. In this subsection, "victim" has the meaning assigned 1-57 by Article 56.32. 1-58 SECTION 3. This Act takes effect September 1, 2001, and 1-59 applies to the forfeiture of proceeds from the sale of tangible 1-60 property described by Subdivision (2), Subsection (k), Article 1-61 59.06, Code of Criminal Procedure, as amended by this Act, only if 1-62 the sale occurs on or after that date. 1-63 * * * * *