H.B. 52

1

VICTIMS' RIGHTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: R. Curt Webb
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Profits From Crime Memorabilia Act to include any profits
10 received from criminal activity.
11 Highlighted Provisions:
12 This bill:
13 . changes the Profits From Crime Memorabilia Act to allow for the forfeiture to the
14 state of any profit derived from criminal activity;
15 . requires the prosecutor who obtained the conviction or the attorney general to bring
16 a motion in the district court to request that any funds gained from criminal activity
17 be paid to the Department of Corrections; and
18 . provides that the Department of Corrections shall pay:
19 . any victim restitution still owed out of the profit; and
20 . if no restitution is still owed, or after all restitution is paid, the remainder into
21 the Crime Victim Reparations Fund.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 77-38-301, as enacted by Laws of Utah 2008, Chapter 3
29 77-38-302, as last amended by Laws of Utah 2011, Chapter 366
30 77-38-303, as renumbered and amended by Laws of Utah 2008, Chapter 3
31 REPEALS:
32 77-18-8.3, as last amended by Laws of Utah 2011, Chapter 366
33 77-18-8.5, as last amended by Laws of Utah 2011, Chapter 366
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 77-38-301 is amended to read:
37 Part 3. Profits from Criminal Activity Act
38 77-38-301. Title.
39 This part is known as the "Profits from [Crime Memorabilia] Criminal Activity Act."
40 Section 2. Section 77-38-302 is amended to read:
41 77-38-302. Definitions.
42 As used in this part:
43 (1) "Conviction" means an adjudication of a first degree or capital felony by a federal
44 or state court resulting from a trial or plea, including a plea of no contest, nolo contendere, a
45 finding of not guilty due to insanity, or not guilty but having a mental illness regardless of
46 whether the sentence was imposed or suspended.
47 (2) "Department" means the Department of Corrections.
48 [(2)] (3) "Fund" means the Crime Victim Reparations Fund created in Section
49 51-9-404 .
50 [(3)] (4) "Memorabilia" means any tangible property of a person [convicted of a first
51 degree or capital felony], the value of which is enhanced by the notoriety gained from the
52 [conviction] criminal activity for which the person was convicted.
53 [(4)] (5) "Profit" means any income or benefit:
54 (a) over and above the fair market value of [the] tangible property that is received upon
55 the sale or transfer of memorabilia[.]; or
56 (b) any proceeds traceable to a conviction or the criminal activity which led to the
57 conviction including monies, negotiable instruments, securities, or other property gained
58 because of the conviction.

59 Section 3. Section 77-38-303 is amended to read:
60 77-38-303. Profit from sale of memorabilia -- Deposit in Crime Victim
61 Reparation Fund -- Penalty.
62 (1) Any person who receives a profit from the sale or transfer of memorabilia shall
63 remit to the fund:
64 (a) a complete, itemized accounting of the transaction, including:
65 (i) a description of each item sold;
66 (ii) the amount received for each item;
67 (iii) the estimated fair market value of each item; and
68 (iv) the name and address of the purchaser of each item; and
69 (b) a check or money order for the amount of the profit, which shall be the difference
70 between the amount received for the item and the estimated fair market value of the item.
71 (2) Any person who willfully violates Subsection (1) may be assessed a civil penalty of
72 up to $1,000 per item sold or transferred or three times the amount of the unremitted profit,
73 whichever is greater.
74 (3) (a) Upon the motion of the prosecutor who obtained the conviction or the attorney
75 general the court shall, if the court determines that a defendant has profited or will profit from a
76 conviction or the criminal activity which led to the conviction through means other than the
77 sale of memorabilia, order the defendant to forfeit to the department any or all profit received
78 or promised from any source.
79 (b) An order under this Subsection (3) shall require that any person who has contracted
80 with or promised to pay the defendant remit any proceeds directly to the department.
81 (4) Upon receipt of funds under Subsection (3), the department shall distribute the
82 funds:
83 (a) first, to the victim of the crime from which the profits are derived if restitution is
84 still owed; or
85 (b) if no restitution is outstanding, to the fund.
86 Section 4. Repealer.
87 This bill repeals:
88 Section 77-18-8.3, Special condition of sentence during incarceration -- Penalty.
89 Section 77-18-8.5, Special condition of probation -- Penalty.

Legislative Review Note
as of 11-2-11 4:35 PM

Office of Legislative Research and General Counsel