First Substitute H.B. 52

Representative R. Curt Webb proposes the following substitute bill:

1 VICTIMS' RIGHTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: R. Curt Webb
5 Senate Sponsor: Lyle W. Hillyard
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 the state to receive any
14 profit derived from criminal activity;
15 . requires any entity or person who contracts with a defendant to remit to the Crime
16 Victims Reparations Fund any funds owed to the defendant by virtue of a contract
17 with the defendant; and
18 . provides that the Utah Office for Victims of Crime 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 Notorious Criminal Activity Act
38 77-38-301. Title.
39 This part is known as the "Profits from [Crime Memorabilia] Notorious Criminal
40 Activity Act."
41 Section 2. Section 77-38-302 is amended to read:
42 77-38-302. Definitions.
43 As used in this part:
44 (1) "Conviction" means an adjudication by a federal or state court resulting from a trial
45 or plea, including a plea of no contest, nolo contendere, a finding of not guilty due to insanity,
46 or not guilty but having a mental illness regardless of whether the sentence was imposed or
47 suspended.
48 (2) "Fund" means the Crime Victim Reparations Fund created in Section 51-9-404 .
49 (3) "Memorabilia" means any tangible property of a person [convicted of a first degree
50 or capital felony], the value of which is enhanced by the notoriety gained from the [conviction]
51 criminal activity for which the person was convicted.
52 (4) "Notoriety of crimes contract" means a contract or other agreement with a
53 defendant, or a representative or assignee of a defendant, with respect to:
54 (a) the reenactment of a crime in any manner including a movie, book, magazine
55 article, internet website, recording, phonograph record, radio or television presentation, or live
56 entertainment of any kind;

57 (b) the expression of the defendant's thoughts, feelings, opinions, or emotions
58 regarding a crime involving or causing personal injury, death, or property loss as a direct result
59 of the crime; or
60 (c) the payment or exchange of any money or other consideration or the proceeds or
61 profits that directly or indirectly result from the notoriety of the crime.
62 (5) "Office" means the Utah Office for Victims of Crime.
63 [(4)] (6) "Profit" means any income or benefit:
64 (a) over and above the fair market value of [the] tangible property that is received upon
65 the sale or transfer of memorabilia[.]; or
66 (b) any money, negotiable instruments, securities, or other consideration received or
67 contracted for gain which is traceable to a notoriety of crimes contract.
68 Section 3. Section 77-38-303 is amended to read:
69 77-38-303. Profit from sale of memorabilia or notoriety of crimes contract --
70 Deposit in Crime Victim Reparations Fund -- Penalty.
71 (1) Any person who receives a profit from the sale or transfer of memorabilia shall
72 remit to the fund:
73 (a) a complete, itemized accounting of the transaction, including:
74 (i) a description of each item sold;
75 (ii) the amount received for each item;
76 (iii) the estimated fair market value of each item; and
77 (iv) the name and address of the purchaser of each item; and
78 (b) a check or money order for the amount of the profit, which shall be the difference
79 between the amount received for the item and the estimated fair market value of the item.
80 (2) Any person who willfully violates Subsection (1) may be assessed a civil penalty of
81 up to $1,000 per item sold or transferred or three times the amount of the unremitted profit,
82 whichever is greater.
83 (3) (a) Any person or entity who enters into a notoriety of crime contract with a
84 defendant or with a representative or assignee of a defendant shall pay to the fund any profit
85 which by the terms of the contract would otherwise be owing to the defendant or representative
86 or assignee of the defendant.
87 (b) A defendant or a representative or assignee of a defendant who has received any

88 profit from a notoriety of crime contract shall remit the profit to the fund. Any future profit
89 which, by the terms of the contract, would otherwise be owing to the defendant or a
90 representative or assignee of a defendant shall be paid to the fund as required under Subsection
91 (3)(a).
92 (4) Upon receipt of monies under Subsection (3), the office shall distribute the amounts
93 to the victim of the crime from which the profits are derived if any restitution remains
94 outstanding. If no restitution is outstanding, the monies shall be deposited into the fund.
95 (5) (a) Any person or entity who willfully violates Subsection (3) may be assessed a
96 civil penalty of up to $1,000,000.00, or up to three times the total value of the original notoriety
97 of crime contract, whichever is greater.
98 (b) Any civil penalty ordered under this Subsection shall be paid to the fund.
99 (6) The prosecuting agency or the attorney general may bring an action to enforce the
100 provisions of this chapter in the court of conviction.
101 (7) A court shall enter an order to remit funds as provided in this chapter if it finds by a
102 preponderance of evidence any violation of Subsection (1) or (3).
103 Section 4. Repealer.
104 This bill repeals:
105 Section 77-18-8.3, Special condition of sentence during incarceration -- Penalty.
106 Section 77-18-8.5, Special condition of probation -- Penalty.