[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3665 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3665

    To amend chapter 87 of title 18, United States Code, to end the 
 terrorizing effects of the sale of murderabilia on crime victims and 
                            their families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2007

 Mr. Reichert (for himself and Mr. Ellsworth) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 87 of title 18, United States Code, to end the 
 terrorizing effects of the sale of murderabilia on crime victims and 
                            their families.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Sale of Murderabilia to 
Protect the Dignity of Crime Victims Act of 2007''.

SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE 
              AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES.

    (a) In General.--Chapter 87 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1794. Restrictions on the mailing and delivery privileges of 
              State and Federal prisoners for commercial purposes
    ``(a) In General.--Except as provided in subsection (d), any person 
who, while incarcerated in a prison, knowingly deposits for mailing or 
delivery, or knowingly causes to be delivered by mail, any property, 
article, or object, with intent that the property, article, or object 
be placed in interstate or foreign commerce, shall be fined under this 
title and imprisoned not less than 3 years and not more than 10 years. 
Any sentence imposed under this subsection shall run consecutive to any 
other sentence imposed.
    ``(b) Period of Limitations.--An indictment for any offense 
punishable under this section may be found at any time without 
limitation.
    ``(c) Guidelines.--The Director of the Bureau of Prisons and the 
head of the department of corrections, or other similar agency, for any 
State may promulgate uniform guidelines to restrict the privileges of 
any person that violates this section.
    ``(d) Exception.--A person incarcerated in a prison may mail or 
deliver or cause to be delivered by mail title to real property, title 
to motor vehicles, or a security if--
            ``(1) the mailing or delivery is to satisfy debt that is--
                    ``(A) imposed by law or a court order, including--
                            ``(i) support obligations;
                            ``(ii) property taxes;
                            ``(iii) income taxes;
                            ``(iv) back taxes;
                            ``(v) a legal judgment, fine, or 
                        restitution;
                            ``(vi) fees to cover the cost of 
                        incarceration, including fees for health care 
                        while incarcerated imposed under section 4048; 
                        and
                            ``(vii) other financial obligations 
                        mandated by law or a court order; or
                    ``(B) incurred through a contract for--
                            ``(i) legal services;
                            ``(ii) a mortgage on the primary residence 
                        of the immediate family of the prisoner;
                            ``(iii) the education or medical care of 
                        the prisoner or a member of the immediate 
                        family of the prisoner; or
                            ``(iv) life, health, home, or car 
                        insurance; or
            ``(2) the prisoner's consent is required by law to transfer 
        title for real property, a motor vehicle, or security, where a 
        person who is not incarcerated in a prison is the owner or a 
        co-owner of that real property, motor vehicle, or security.
    ``(e) Definitions.--In this section--
            ``(1) the term `prison'--
                    ``(A) means a Federal or State correctional, 
                detention, or penal facility or any prison, 
                institution, or facility in which persons are held in 
                custody by direction of or pursuant to a contract or 
                agreement with the Attorney General of the United 
                States or with a State; and
                    ``(B) does not include a halfway house or location 
                where a person is under home confinement;
            ``(2) the term `security' means--
                    ``(A) a note, stock certificate, treasury stock 
                certificate, bond, treasury bond, debenture, 
                certificate of deposit, interest coupon, bill, check, 
                draft, warrant, debit instrument (as that term is 
                defined in section 916(c) of the Electronic Fund 
                Transfer Act (15 U.S.C. 1693n(c))), money order, 
                traveler's check, letter of credit, warehouse receipt, 
                negotiable bill of lading, evidence of indebtedness, 
                certificate of interest in or participation in a 
                profit-sharing agreement, collateral-trust certificate, 
                pre-reorganization certificate of subscription, 
                transferable share, investment contract, or voting 
                trust certificate;
                    ``(B) a certificate of interest in, certificate of 
                participation in, certificate for, receipt for, or 
                warrant or option or other right to subscribe to or 
                purchase any item described in subparagraph (A); or
                    ``(C) a blank form of any item described in 
                subparagraph (A) or (B); and
            ``(3) the terms `State' and `support obligation' have the 
        meanings given those terms in section 228.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 87 of title 18, United States Code, is amended by adding at the 
end the following:

``1794. Restrictions on the mailing and delivery privileges of State 
                            and Federal prisoners for commercial 
                            purposes.''.

SEC. 3. CRIMINAL FORFEITURE.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(9) The court, in sentencing a defendant convicted of an offense 
under section 1794, or of a conspiracy to commit such an offense, shall 
order that the defendant forfeit to the United States any real or 
personal property--
            ``(A) used or intended to be used to commit, to facilitate, 
        or to promote the commission of such offense; and
            ``(B) constituting, derived from, or traceable to the gross 
        proceeds that the defendant obtained directly or indirectly as 
        a result of the offense.''.

SEC. 4. CIVIL FORFEITURE.

    Any property subject to forfeiture under section 982(a)(9) of title 
18, United States Code, as added by this Act, may be forfeited to the 
United States in a civil case in accordance with the procedures set 
forth in chapter 46 of title 18, United States Code.

SEC. 5. CIVIL REMEDIES.

    (a) In General.--Any person aggrieved by reason of the conduct 
prohibited under section 1794 of title 18, United States Code, as added 
by this Act, may commence a civil action for the relief set forth in 
subsection (b).
    (b) Relief.--In any action commenced in accordance with subsection 
(a), the court may award appropriate relief, including--
            (1) temporary, preliminary, or permanent injunctive relief;
            (2) compensatory and punitive damages; and
            (3) the costs of the civil action and reasonable fees for 
        attorneys and expert witnesses.
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