[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3468 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3468

    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 SENATE OF THE UNITED STATES

                              June 9, 2010

  Mr. Cornyn (for himself and Ms. Klobuchar) introduced the following 
    bill; which was read twice and 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 2010''.

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), an inmate 
of a prison convicted of a crime of violence who 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 6 months and not more 
than 10 years. Any term of imprisonment imposed under this subsection 
shall run consecutive to any other term of imprisonment.
    ``(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 inmate of a prison that violates this section.
    ``(d) Exception.--An inmate of 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 inmate;
                            ``(iii) the education or medical care of 
                        the inmate or a member of the immediate family 
                        of the inmate; or
                            ``(iv) life, health, home, or car 
                        insurance; or
            ``(2) the consent of the inmate 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 a State; and
                    ``(B) does not include a halfway house or location 
                where an individual 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, facilitate, or 
        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 action 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 conduct 
prohibited under section 1794 of title 18, United States Code, as added 
by this Act, may bring a civil action in an appropriate United States 
district court for the relief described in subsection (b).
    (b) Relief.--In any civil action brought under 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.
                                 <all>