[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2345 Introduced in Senate (IS)]

  2d Session
                                S. 2345

To amend section 3681 of title 18, United States Code, relating to the 
          special forfeiture of collateral profits of a crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1998

  Mr. Dorgan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 3681 of title 18, United States Code, relating to the 
          special forfeiture of collateral profits of a crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME.

    Section 3681 of title 18, United States Code, is amended by 
striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Forfeiture of proceeds.--Upon the motion of the 
        United States attorney made at any time after conviction of a 
        defendant for an offense described in paragraph (2), and after 
        notice to any interested party, the court shall order the 
        defendant to forfeit all or any part of proceeds received or to 
        be received by the defendant, or a transferee of the defendant, 
        from a contract relating to the transfer of a right or interest 
        of the defendant in any property described in paragraph (3), if 
        the court determines that--
                    ``(A) the interests of justice or an order of 
                restitution under this title so require;
                    ``(B) the proceeds (or part thereof) to be 
                forfeited reflect the enhanced value of the property 
                attributable to the offense; and
                    ``(C) with respect to a defendant convicted of an 
                offense against a State--
                            ``(i) the property at issue, or the 
                        proceeds to be forfeited, have travelled in 
                        interstate or foreign commerce or were derived 
                        through the use of an instrumentality of 
                        interstate or foreign commerce; and
                            ``(ii) the attorney general of the State 
                        has declined to initiate a forfeiture action 
                        with respect to the proceeds to be forfeited.
            ``(2) Offenses described.--An offense is described in this 
        paragraph if it is--
                    ``(A) an offense under section 794 of this title;
                    ``(B) a felony offense against the United States or 
                any State; or
                    ``(C) a misdemeanor offense against the United 
                States or any State resulting in physical harm to any 
                individual.
            ``(3) Property described.--Property is described in this 
        paragraph if it is any property, tangible or intangible, 
        including any--
                    ``(A) evidence of the offense;
                    ``(B) instrument of the offense, including any 
                vehicle used in the commission of the offense;
                    ``(C) real estate where the offense was committed;
                    ``(D) document relating to the offense;
                    ``(E) photograph or audio or video recording 
                relating to the offense;
                    ``(F) clothing, jewelry, furniture, or other 
                personal property relating to the offense;
                    ``(G) movie, book, newspaper, magazine, radio or 
                television production, or live entertainment of any 
                kind depicting the offense or otherwise relating to the 
                offense;
                    ``(H) expression of the thoughts, opinions, or 
                emotions of the defendant regarding the offense; or
                    ``(I) other property relating to the offense.''.
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