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.
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