[Congressional Record Volume 159, Number 127 (Tuesday, September 24, 2013)]
[Senate]
[Pages S6891-S6892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Ms. Klobuchar):
  S. 1549. A bill to amend chapter 87 of title 18, United States Code, 
to end the terrorizing effects of the sale of muderabilia on crime 
victims and their families; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1549

       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 Act of 2013''.

     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

[[Page S6892]]

       ``(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.

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