HBA-SEP S.B. 795 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 795
By: Ellis, Rodney
Criminal Jurisprudence
4/26/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law provides for forfeiture of proceeds gained from the commission
of certain felonies or violent crimes including income received from
certain media in which the crime was reenacted. Current law also provides
for restitution to a victim, guardian of a victim, or close relative of a
deceased victim (victim) and authorizes a victim to establish a lien that
extends to certain personal property.  What does not appear to be
explicitly covered is income from the sale of tangible property the market
value of which is increased by the notoriety gained from the felony's
commission.  Senate Bill 795 includes in the definition of "proceeds" the
income of a person accused or convicted of a crime or that person's
representative or assignee from the sale of tangible property the market
value of which is increased by the notoriety gained from the conviction of
an offense by the person accused or convicted of the crime. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 795 amends the Code of Criminal Procedure to include in the
definition of "proceeds" the income of a person accused or convicted of a
crime or that person's representative or assignee from the sale of tangible
property the market value of which is increased by the notoriety gained
from the conviction of an offense by the person accused or convicted of the
crime. 

The bill requires the attorney for the state to transfer to the attorney
general all proceeds minus a deduction of the fair market value of a
similar property that was sold but has not been increased in value by
notoriety. The bill also requires the attorney of the state to transfer the
remainder of the proceeds of the sale to the owner of the property. The
bill authorizes the attorney for the state, the attorney general, or
certain victims, in satisfaction of a claim, to at any time bring an action
to enjoin the waste of income from the proceeds. 

EFFECTIVE DATE

September 1, 2001.