II 111th CONGRESS 2d Session S. 3468 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.

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.

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:

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. .

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. .

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.

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.