H.B. 364

1

PROFITS FROM SALE OF CRIME
2 MEMORABILIA
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott Daniels
6
7 LONG TITLE
8 General Description:
9 This bill requires that profits gained from the sale of crime memorabilia shall be
10 deposited in the Crime Victim Reparation Fund.
11 Highlighted Provisions:
12 This bill:
13 . defines memorabilia as an item owned by a person convicted of a first degree or
14 capital felony, if the item's value is enhanced by the nature of the offense;
15 . defines profit as the proceeds from the transaction of a crime memorabilia item
16 which exceed the fair market value of the item;
17 . requires that a person selling or transferring memorabilia remit to the Crime Victim
18 Reparation Fund the profit regarding the memorabilia; and
19 . provides that a person who fails to remit the profit is subject to a civil penalty of
20 $1,000 per item or three times the profit of the item, whichever is greater.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 78-61-101, Utah Code Annotated 1953

28 78-61-102, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 78-61-101 is enacted to read:
32 CHAPTER 61. PROFITS FROM CRIME MEMORABILIA
33 78-61-101. Definitions.
34 As used in this chapter:
35 (1) "Conviction" means an adjudication by a federal or state court resulting from a trial
36 or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
37 or not guilty but mentally ill regardless of whether the sentence was imposed or suspended.
38 (2) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4 .
39 (3) "Memorabilia" means any tangible property of a person convicted of a first degree
40 or capital felony, the value of which is enhanced by the notoriety gained from the conviction.
41 (4) "Profit" means any income or benefit over and above the fair market value of the
42 property that is received upon the sale or transfer of memorabilia.
43 Section 2. Section 78-61-102 is enacted to read:
44 78-61-102. Profit from sale of memorabilia -- Deposit in Crime Victim Reparation
45 Fund -- Penalty.
46 (1) Any person who receives a profit from the sale or transfer of memorabilia shall
47 remit to the fund:
48 (a) a complete, itemized accounting of the transaction, including:
49 (i) a description of each item sold;
50 (ii) the amount received for each item;
51 (iii) the estimated fair market value of each item; and
52 (iv) the name and address of the purchaser of each item; and
53 (b) a check or money order for the amount of the profit, which shall be the difference
54 between the amount received for the item and the estimated fair market value of the item.
55 (2) Any person who willfully violates Subsection (1) may be assessed a civil penalty of
56 up to $1,000 per item sold or transferred or three times the amount of the unremitted profit,
57 whichever is greater.

Legislative Review Note
as of 2-10-04 3:23 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel