Texas 2015 - 84th Regular

Texas House Bill HB3784 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R25915 DDT-F
2	2	By: Parker, Miller of Comal H.B. No. 3784
3	3	Substitute the following for H.B. No. 3784:
4	4	By: Oliveira C.S.H.B. No. 3784
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of criminal offenses regarding
10	10	unauthorized recordings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 641.001(4), Business & Commerce Code, is
13	13	amended to read as follows:
14	14	(4) "Recording" means a tangible medium on which
15	15	sounds, images, or both are recorded or otherwise stored,
16	16	including:
17	17	(A) an original phonograph record, disc, tape,
18	18	audio or video cassette, wire, film, memory card, flash drive, hard
19	19	drive, data storage device, or other medium now existing or later
20	20	developed; or
21	21	(B) a copy or reproduction that wholly or partly
22	22	duplicates the original.
23	23	SECTION 2. Section 641.054, Business & Commerce Code, is
24	24	amended to read as follows:
25	25	Sec. 641.054. IMPROPER LABELING. (a) A person commits an
26	26	offense if:
27	27	(1) for commercial advantage or private financial
28	28	gain, the person knowingly:
29	29	(A) advertises, offers for sale, sells, rents, or
30	30	transports a recording;
31	31	(B) causes the sale, resale, rental, or
32	32	transportation of a recording; or
33	33	(C) possesses a recording for a purpose described
34	34	by Paragraph (A) or (B); and
35	35	(2) the outside cover, box, or jacket of the recording
36	36	does not clearly and conspicuously disclose[:
37	37	[(A)] the actual name and address of the
38	38	manufacturer[; and
39	39	[(B) the name of the performer or group].
40	40	(b) An offense under this section is punishable by:
41	41	(1) imprisonment for a term of not more than five
42	42	years, a fine not to exceed $250,000, or both imprisonment and the
43	43	fine, if:
44	44	(A) the offense involves [at least] 65 or more
45	45	improperly labeled [unauthorized] recordings during a 180-day
46	46	period; or
47	47	(B) the defendant has been previously convicted
48	48	under this section;
49	49	(2) imprisonment for a term of not more than two years,
50	50	a fine not to exceed $250,000, or both imprisonment and the fine, if
51	51	the offense involves more than seven but fewer than 65 improperly
52	52	labeled [unauthorized] recordings during a 180-day period; or
53	53	(3) confinement in the county jail for a term of not
54	54	more than one year, a fine not to exceed $25,000, or both
55	55	confinement and the fine, if the offense is not otherwise
56	56	punishable under Subdivision (1) or (2).
57	57	SECTION 3. Section 641.055, Business & Commerce Code, is
58	58	amended to read as follows:
59	59	Sec. 641.055. FORFEITURE. If a person is convicted of an
60	60	offense under [a violation of] this chapter, the court in its
61	61	judgment of conviction shall order the forfeiture and destruction
62	62	or other disposition of:
63	63	(1) all recordings on which the conviction is based;
64	64	[and]
65	65	(2) all devices and equipment used or intended to be
66	66	used in the manufacture of the recordings on which the conviction is
67	67	based; and
68	68	(3) for an offense punishable as a felony, all
69	69	contraband that is used in the commission of the offense, as
70	70	provided by Chapter 59, Code of Criminal Procedure.
71	71	SECTION 4. Article 42.037, Code of Criminal Procedure, is
72	72	amended by adding Subsections (t), (u), and (v) to read as follows:
73	73	(t) If a person is convicted of an offense under Section
74	74	641.054, Business & Commerce Code, the court shall order the person
75	75	to make restitution to an owner or lawful producer of a master
76	76	recording that has suffered financial loss as a result of the
77	77	offense or to a trade association that represents that owner or
78	78	lawful producer. The amount of restitution ordered shall be:
79	79	(1) the greater of:
80	80	(A) the aggregate wholesale value of the lawfully
81	81	manufactured and authorized recordings corresponding to the number
82	82	of nonconforming recordings involved in the offense; or
83	83	(B) the actual financial loss to the owner,
84	84	lawful producer, or trade association; and
85	85	(2) the costs associated with investigating the
86	86	offense.
87	87	(u) For purposes of Subsection (t)(1)(A):
88	88	(1) the calculation of the aggregate wholesale value
89	89	is based on the average wholesale value of the lawfully
90	90	manufactured and authorized recordings; and
91	91	(2) the specific wholesale value of each nonconforming
92	92	recording is not relevant to the calculation.
93	93	(v) For purposes of Subsection (t)(1)(B), the possession of
94	94	a nonconforming recording intended for sale constitutes an actual
95	95	financial loss to an owner or lawful producer equal to the actual
96	96	value of the legitimate wholesale purchases displaced by the
97	97	nonconforming recordings.
98	98	SECTION 5. Article 59.01(2), Code of Criminal Procedure, as
99	99	amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
100	100	83rd Legislature, Regular Session, 2013, is reenacted and amended
101	101	to read as follows:
102	102	(2) "Contraband" means property of any nature,
103	103	including real, personal, tangible, or intangible, that is:
104	104	(A) used in the commission of:
105	105	(i) any first or second degree felony under
106	106	the Penal Code;
107	107	(ii) any felony under Section 15.031(b),
108	108	20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or
109	109	35, Penal Code;
110	110	(iii) any felony under The Securities Act
111	111	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
112	112	(iv) any offense under Chapter 49, Penal
113	113	Code, that is punishable as a felony of the third degree or state
114	114	jail felony, if the defendant has been previously convicted three
115	115	times of an offense under that chapter;
116	116	(B) used or intended to be used in the commission
117	117	of:
118	118	(i) any felony under Chapter 481, Health
119	119	and Safety Code (Texas Controlled Substances Act);
120	120	(ii) any felony under Chapter 483, Health
121	121	and Safety Code;
122	122	(iii) a felony under Chapter 151, Finance
123	123	Code;
124	124	(iv) any felony under Chapter 34, Penal
125	125	Code;
126	126	(v) a Class A misdemeanor under Subchapter
127	127	B, Chapter 365, Health and Safety Code, if the defendant has been
128	128	previously convicted twice of an offense under that subchapter;
129	129	(vi) any felony under Chapter 32, Human
130	130	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
131	131	involves the state Medicaid program;
132	132	(vii) a Class B misdemeanor under Chapter
133	133	522, Business & Commerce Code;
134	134	(viii) a Class A misdemeanor under Section
135	135	306.051, Business & Commerce Code;
136	136	(ix) any offense under Section 42.10, Penal
137	137	Code;
138	138	(x) any offense under Section 46.06(a)(1)
139	139	or 46.14, Penal Code;
140	140	(xi) any offense under Chapter 71, Penal
141	141	Code;
142	142	(xii) any offense under Section 20.05,
143	143	Penal Code; [or]
144	144	(xiii) [(xiv)] an offense under Section
145	145	326.002, Business & Commerce Code; or
146	146	(xiv) any felony under Chapter 641,
147	147	Business & Commerce Code;
148	148	(C) the proceeds gained from the commission of a
149	149	felony listed in Paragraph (A) or (B) of this subdivision, a
150	150	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
151	151	this subdivision, or a crime of violence;
152	152	(D) acquired with proceeds gained from the
153	153	commission of a felony listed in Paragraph (A) or (B) of this
154	154	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
155	155	or (xi) of this subdivision, or a crime of violence;
156	156	(E) used to facilitate or intended to be used to
157	157	facilitate the commission of a felony under Section 15.031 or
158	158	43.25, Penal Code; or
159	159	(F) used to facilitate or intended to be used to
160	160	facilitate the commission of a felony under Section 20A.02 or
161	161	Chapter 43, Penal Code.
162	162	SECTION 6. The change in law made by this Act applies only
163	163	to an offense committed on or after the effective date of this Act.
164	164	An offense committed before the effective date of this Act is
165	165	governed by the law in effect at the time the offense was committed.
166	166	For purposes of this section, an offense was committed before the
167	167	effective date of this Act if any element of the offense occurred
168	168	before that date.
169	169	SECTION 7. To the extent of any conflict, this Act prevails
170	170	over another Act of the 84th Legislature, Regular Session, 2015,
171	171	relating to nonsubstantive additions to and corrections in enacted
172	172	codes.
173	173	SECTION 8. This Act takes effect September 1, 2015.