Texas 2015 - 84th Regular

Texas Senate Bill SB1660 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10188 DDT-F
2	2	By: Watson S.B. No. 1660
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited practices regarding unauthorized
8	8	recordings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 641.001(4), Business & Commerce Code, is
11	11	amended to read as follows:
12	12	(4) "Recording" means a tangible medium on which
13	13	sounds, images, or both are recorded or otherwise stored,
14	14	including:
15	15	(A) an original phonograph record, disc, tape,
16	16	audio or video cassette, wire, film, memory card, flash drive, hard
17	17	drive, data storage device, or other medium now existing or later
18	18	developed; or
19	19	(B) a copy or reproduction that wholly or partly
20	20	duplicates the original.
21	21	SECTION 2. The heading to Section 641.054, Business &
22	22	Commerce Code, is amended to read as follows:
23	23	Sec. 641.054. IMPROPER LABELING.
24	24	SECTION 3. Section 641.054(b), Business & Commerce Code, is
25	25	amended to read as follows:
26	26	(b) An offense under this section is punishable by:
27	27	(1) imprisonment for a term of not more than five
28	28	years, a fine not to exceed $250,000, or both imprisonment and the
29	29	fine, if:
30	30	(A) the offense involves [at least] 65 or more
31	31	improperly labeled [unauthorized] recordings during a 180-day
32	32	period; or
33	33	(B) the defendant has been previously convicted
34	34	under this section;
35	35	(2) imprisonment for a term of not more than two years,
36	36	a fine not to exceed $250,000, or both imprisonment and the fine, if
37	37	the offense involves more than seven but fewer than 65 improperly
38	38	labeled [unauthorized] recordings during a 180-day period; or
39	39	(3) confinement in the county jail for a term of not
40	40	more than one year, a fine not to exceed $25,000, or both
41	41	confinement and the fine, if the offense is not otherwise
42	42	punishable under Subdivision (1) or (2).
43	43	SECTION 4. Section 641.055, Business & Commerce Code, is
44	44	amended to read as follows:
45	45	Sec. 641.055. FORFEITURE. If a person is convicted of an
46	46	offense under [a violation of] this chapter, the court in its
47	47	judgment of conviction shall order the forfeiture and destruction
48	48	or other disposition of:
49	49	(1) all recordings on which the conviction is based;
50	50	[and]
51	51	(2) all devices and equipment used or intended to be
52	52	used in the manufacture of the recordings on which the conviction is
53	53	based; and
54	54	(3) for an offense punishable as a felony, all
55	55	contraband that is used in the commission of the offense, as
56	56	provided by Chapter 59, Code of Criminal Procedure.
57	57	SECTION 5. Article 42.037, Code of Criminal Procedure, is
58	58	amended by adding Subsections (t), (u), and (v) to read as follows:
59	59	(t) If a person is convicted of an offense under Section
60	60	641.054, Business & Commerce Code, the court shall order the person
61	61	to make restitution to an owner or lawful producer of a master
62	62	recording that has suffered financial loss as a result of the
63	63	offense or to a trade association that represents that owner or
64	64	lawful producer. The amount of restitution ordered shall be:
65	65	(1) the greater of:
66	66	(A) the aggregate wholesale value of the lawfully
67	67	manufactured and authorized recordings corresponding to the number
68	68	of nonconforming recordings involved in the offense; or
69	69	(B) the actual financial loss to the owner,
70	70	lawful producer, or trade association; and
71	71	(2) the costs associated with investigating the
72	72	offense.
73	73	(u) For purposes of Subsection (t)(1)(A):
74	74	(1) the calculation of the aggregate wholesale value
75	75	is based on the average wholesale value of the lawfully
76	76	manufactured and authorized recordings; and
77	77	(2) the specific wholesale value of each nonconforming
78	78	recording is not relevant to the calculation.
79	79	(v) For purposes of Subsection (t)(1)(B), the possession of
80	80	a nonconforming recording intended for sale constitutes an actual
81	81	financial loss to an owner or lawful producer equal to the actual
82	82	value of the legitimate wholesale purchases displaced by the
83	83	nonconforming recordings.
84	84	SECTION 6. Article 59.01(2), Code of Criminal Procedure, as
85	85	amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
86	86	83rd Legislature, Regular Session, 2013, is reenacted and amended
87	87	to read as follows:
88	88	(2) "Contraband" means property of any nature,
89	89	including real, personal, tangible, or intangible, that is:
90	90	(A) used in the commission of:
91	91	(i) any first or second degree felony under
92	92	the Penal Code;
93	93	(ii) any felony under Section 15.031(b),
94	94	20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or
95	95	35, Penal Code;
96	96	(iii) any felony under The Securities Act
97	97	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
98	98	(iv) any offense under Chapter 49, Penal
99	99	Code, that is punishable as a felony of the third degree or state
100	100	jail felony, if the defendant has been previously convicted three
101	101	times of an offense under that chapter;
102	102	(B) used or intended to be used in the commission
103	103	of:
104	104	(i) any felony under Chapter 481, Health
105	105	and Safety Code (Texas Controlled Substances Act);
106	106	(ii) any felony under Chapter 483, Health
107	107	and Safety Code;
108	108	(iii) a felony under Chapter 151, Finance
109	109	Code;
110	110	(iv) any felony under Chapter 34, Penal
111	111	Code;
112	112	(v) a Class A misdemeanor under Subchapter
113	113	B, Chapter 365, Health and Safety Code, if the defendant has been
114	114	previously convicted twice of an offense under that subchapter;
115	115	(vi) any felony under Chapter 32, Human
116	116	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
117	117	involves the state Medicaid program;
118	118	(vii) a Class B misdemeanor under Chapter
119	119	522, Business & Commerce Code;
120	120	(viii) a Class A misdemeanor under Section
121	121	306.051, Business & Commerce Code;
122	122	(ix) any offense under Section 42.10, Penal
123	123	Code;
124	124	(x) any offense under Section 46.06(a)(1)
125	125	or 46.14, Penal Code;
126	126	(xi) any offense under Chapter 71, Penal
127	127	Code;
128	128	(xii) any offense under Section 20.05,
129	129	Penal Code; [or]
130	130	(xiii) [(xiv)] an offense under Section
131	131	326.002, Business & Commerce Code; or
132	132	(xiv) any felony under Chapter 641,
133	133	Business & Commerce Code;
134	134	(C) the proceeds gained from the commission of a
135	135	felony listed in Paragraph (A) or (B) of this subdivision, a
136	136	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
137	137	this subdivision, or a crime of violence;
138	138	(D) acquired with proceeds gained from the
139	139	commission of a felony listed in Paragraph (A) or (B) of this
140	140	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
141	141	or (xi) of this subdivision, or a crime of violence;
142	142	(E) used to facilitate or intended to be used to
143	143	facilitate the commission of a felony under Section 15.031 or
144	144	43.25, Penal Code; or
145	145	(F) used to facilitate or intended to be used to
146	146	facilitate the commission of a felony under Section 20A.02 or
147	147	Chapter 43, Penal Code.
148	148	SECTION 7. The change in law made by this Act applies only
149	149	to an offense committed on or after the effective date of this Act.
150	150	An offense committed before the effective date of this Act is
151	151	governed by the law in effect at the time the offense was committed.
152	152	For purposes of this section, an offense was committed before the
153	153	effective date of this Act if any element of the offense occurred
154	154	before that date.
155	155	SECTION 8. To the extent of any conflict, this Act prevails
156	156	over another Act of the 84th Legislature, Regular Session, 2015,
157	157	relating to nonsubstantive additions to and corrections in enacted
158	158	codes.
159	159	SECTION 9. This Act takes effect September 1, 2015.