Texas 2011 - 82nd Regular

Texas Senate Bill SB1098 Compare Versions

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1	1	By: Huffman S.B. No. 1098
2	2	(Jackson, Gallego, Christian, Zedler, Rodriguez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain offenses involving unauthorized recordings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subdivision (4), Section 641.001, Business &
10	10	Commerce Code, is amended to read as follows:
11	11	(4) "Recording" means a tangible medium on which
12	12	sounds, images, or both are recorded or otherwise stored,
13	13	including:
14	14	(A) an original phonograph record, disc, tape,
15	15	audio or video cassette, wire, film, memory card, flash drive, hard
16	16	drive, data storage device, or other medium now existing or later
17	17	developed; or
18	18	(B) a copy or reproduction that wholly or partly
19	19	duplicates the original.
20	20	SECTION 2. Section 641.051, Business & Commerce Code, is
21	21	amended by adding Subsection (e) to read as follows:
22	22	(e) This section does not apply to a person who, while
23	23	engaged in radio or television broadcasting, transfers or causes to
24	24	be transferred a recording:
25	25	(1) for or in connection with a broadcast or telecast
26	26	transmission or for a related purpose; or
27	27	(2) for archival purposes.
28	28	SECTION 3. The heading to Section 641.054, Business &
29	29	Commerce Code, is amended to read as follows:
30	30	Sec. 641.054. IMPROPER LABELING.
31	31	SECTION 4. Subsection (b), Section 641.054, Business &
32	32	Commerce Code, is amended to read as follows:
33	33	(b) An offense under this section is punishable by:
34	34	(1) imprisonment for a term of not more than five
35	35	years, a fine of not less than $500 and not more than [to exceed]
36	36	$250,000, or both imprisonment and the fine, if:
37	37	(A) the offense involves [at least] 65 or more
38	38	improperly labeled [unauthorized] recordings during a 180-day
39	39	period; or
40	40	(B) the defendant has been previously convicted
41	41	under this section;
42	42	(2) imprisonment for a term of not more than two years,
43	43	a fine of not less than $250 and not more than [to exceed] $250,000,
44	44	or both imprisonment and the fine, if the offense involves more than
45	45	seven but fewer than 65 improperly labeled [unauthorized]
46	46	recordings during a 180-day period; or
47	47	(3) confinement in the county jail for a term of not
48	48	more than one year, a fine of not less than $100 and not more than
49	49	[to exceed] $25,000, or both confinement and the fine, if the
50	50	offense is not otherwise punishable under Subdivision (1) or (2).
51	51	SECTION 5. Section 641.055, Business & Commerce Code, is
52	52	amended to read as follows:
53	53	Sec. 641.055. FORFEITURE. If a person is convicted of an
54	54	offense under [a violation of] this chapter, the court in its
55	55	judgment of conviction shall order the forfeiture and destruction
56	56	or other disposition of:
57	57	(1) all recordings on which the conviction is based;
58	58	[and]
59	59	(2) all devices and equipment used or intended to be
60	60	used in the manufacture of the recordings on which the conviction is
61	61	based; and
62	62	(3) for an offense punishable as a felony, all
63	63	contraband, as that term is defined by Article 59.01, Code of
64	64	Criminal Procedure, that is used in the commission of the offense.
65	65	SECTION 6. Article 42.037, Code of Criminal Procedure, is
66	66	amended by adding Subsections (t) and (u) to read as follows:
67	67	(t) If a person is convicted of an offense under Section
68	68	641.054, Business & Commerce Code, the court shall order the person
69	69	to make restitution to an owner or lawful producer of a master
70	70	recording that has suffered financial loss as a result of the
71	71	offense or to a trade association that represents that owner or
72	72	lawful producer. The amount of restitution ordered shall be:
73	73	(1) the greater of:
74	74	(A) the aggregate wholesale value of the lawfully
75	75	manufactured and authorized recordings corresponding to the number
76	76	of nonconforming recordings involved in the offense; or
77	77	(B) the actual financial loss to the owner,
78	78	lawful producer, or trade association; and
79	79	(2) the costs associated with investigating the
80	80	offense.
81	81	(u) For purposes of Subsection (t):
82	82	(1) the calculation of the aggregate wholesale value
83	83	is based on the average wholesale value of the lawfully
84	84	manufactured and authorized recordings; and
85	85	(2) the specific wholesale value of each nonconforming
86	86	recording is not relevant to the calculation.
87	87	SECTION 7. Subdivision (2), Article 59.01, Code of Criminal
88	88	Procedure, as amended by Chapters 153 (S.B. 2225), 1130 (H.B.
89	89	2086), and 1357 (S.B. 554), Acts of the 81st Legislature, Regular
90	90	Session, 2009, is reenacted and amended to read as follows:
91	91	(2) "Contraband" means property of any nature,
92	92	including real, personal, tangible, or intangible, that is:
93	93	(A) used in the commission of:
94	94	(i) any first or second degree felony under
95	95	the Penal Code;
96	96	(ii) any felony under Section 15.031(b),
97	97	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
98	98	31, 32, 33, 33A, or 35, Penal Code;
99	99	(iii) any felony under The Securities Act
100	100	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
101	101	(iv) any offense under Chapter 49, Penal
102	102	Code, that is punishable as a felony of the third degree or state
103	103	jail felony, if the defendant has been previously convicted three
104	104	times of an offense under that chapter;
105	105	(B) used or intended to be used in the commission
106	106	of:
107	107	(i) any felony under Chapter 481, Health
108	108	and Safety Code (Texas Controlled Substances Act);
109	109	(ii) any felony under Chapter 483, Health
110	110	and Safety Code;
111	111	(iii) a felony under Chapter 153, Finance
112	112	Code;
113	113	(iv) any felony under Chapter 34, Penal
114	114	Code;
115	115	(v) a Class A misdemeanor under Subchapter
116	116	B, Chapter 365, Health and Safety Code, if the defendant has been
117	117	previously convicted twice of an offense under that subchapter;
118	118	(vi) any felony under Chapter 152, Finance
119	119	Code;
120	120	(vii) any felony under Chapter 32, Human
121	121	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
122	122	involves the state Medicaid program;
123	123	(viii) a Class B misdemeanor under Chapter
124	124	522, Business & Commerce Code;
125	125	(ix) a Class A misdemeanor under Section
126	126	306.051, Business & Commerce Code; [or]
127	127	(x) any offense under Section 42.10, Penal
128	128	Code;
129	129	(xi) [(x)] any offense under Section
130	130	46.06(a)(1) or 46.14, Penal Code;
131	131	(xii) [(x)] any offense under Chapter 71,
132	132	Penal Code; or
133	133	(xiii) any felony under Chapter 641,
134	134	Business & Commerce Code;
135	135	(C) the proceeds gained from the commission of a
136	136	felony listed in Paragraph (A) or (B) of this subdivision, a
137	137	misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii)
138	138	[(B)(viii) or (x)] of this subdivision, or a crime of violence;
139	139	(D) acquired with proceeds gained from the
140	140	commission of a felony listed in Paragraph (A) or (B) of this
141	141	subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
142	142	(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
143	143	violence; or
144	144	(E) used to facilitate or intended to be used to
145	145	facilitate the commission of a felony under Section 15.031 or
146	146	43.25, Penal Code.
147	147	SECTION 8. The change in law made by this Act applies only
148	148	to an offense committed on or after the effective date of this Act.
149	149	An offense committed before the effective date of this Act is
150	150	governed by the law in effect at the time the offense was committed.
151	151	For purposes of this section, an offense was committed before the
152	152	effective date of this Act if any element of the offense occurred
153	153	before that date.
154	154	SECTION 9. To the extent of any conflict, this Act prevails
155	155	over another Act of the 82nd Legislature, Regular Session, 2011,
156	156	relating to nonsubstantive additions to and corrections in enacted
157	157	codes.
158	158	SECTION 10. This Act takes effect September 1, 2011.