Bill Text: TX SB1660 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to prohibited practices regarding unauthorized recordings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [SB1660 Detail]
Download: Texas-2015-SB1660-Introduced.html
84R10188 DDT-F | ||
By: Watson | S.B. No. 1660 |
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relating to prohibited practices regarding unauthorized | ||
recordings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 641.001(4), Business & Commerce Code, is | ||
amended to read as follows: | ||
(4) "Recording" means a tangible medium on which | ||
sounds, images, or both are recorded or otherwise stored, | ||
including: | ||
(A) an original phonograph record, disc, tape, | ||
audio or video cassette, wire, film, memory card, flash drive, hard | ||
drive, data storage device, or other medium now existing or later | ||
developed; or | ||
(B) a copy or reproduction that wholly or partly | ||
duplicates the original. | ||
SECTION 2. The heading to Section 641.054, Business & | ||
Commerce Code, is amended to read as follows: | ||
Sec. 641.054. IMPROPER LABELING. | ||
SECTION 3. Section 641.054(b), Business & Commerce Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is punishable by: | ||
(1) imprisonment for a term of not more than five | ||
years, a fine not to exceed $250,000, or both imprisonment and the | ||
fine, if: | ||
(A) the offense involves [ |
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improperly labeled [ |
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period; or | ||
(B) the defendant has been previously convicted | ||
under this section; | ||
(2) imprisonment for a term of not more than two years, | ||
a fine not to exceed $250,000, or both imprisonment and the fine, if | ||
the offense involves more than seven but fewer than 65 improperly | ||
labeled [ |
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(3) confinement in the county jail for a term of not | ||
more than one year, a fine not to exceed $25,000, or both | ||
confinement and the fine, if the offense is not otherwise | ||
punishable under Subdivision (1) or (2). | ||
SECTION 4. Section 641.055, Business & Commerce Code, is | ||
amended to read as follows: | ||
Sec. 641.055. FORFEITURE. If a person is convicted of an | ||
offense under [ |
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judgment of conviction shall order the forfeiture and destruction | ||
or other disposition of: | ||
(1) all recordings on which the conviction is based; | ||
[ |
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(2) all devices and equipment used or intended to be | ||
used in the manufacture of the recordings on which the conviction is | ||
based; and | ||
(3) for an offense punishable as a felony, all | ||
contraband that is used in the commission of the offense, as | ||
provided by Chapter 59, Code of Criminal Procedure. | ||
SECTION 5. Article 42.037, Code of Criminal Procedure, is | ||
amended by adding Subsections (t), (u), and (v) to read as follows: | ||
(t) If a person is convicted of an offense under Section | ||
641.054, Business & Commerce Code, the court shall order the person | ||
to make restitution to an owner or lawful producer of a master | ||
recording that has suffered financial loss as a result of the | ||
offense or to a trade association that represents that owner or | ||
lawful producer. The amount of restitution ordered shall be: | ||
(1) the greater of: | ||
(A) the aggregate wholesale value of the lawfully | ||
manufactured and authorized recordings corresponding to the number | ||
of nonconforming recordings involved in the offense; or | ||
(B) the actual financial loss to the owner, | ||
lawful producer, or trade association; and | ||
(2) the costs associated with investigating the | ||
offense. | ||
(u) For purposes of Subsection (t)(1)(A): | ||
(1) the calculation of the aggregate wholesale value | ||
is based on the average wholesale value of the lawfully | ||
manufactured and authorized recordings; and | ||
(2) the specific wholesale value of each nonconforming | ||
recording is not relevant to the calculation. | ||
(v) For purposes of Subsection (t)(1)(B), the possession of | ||
a nonconforming recording intended for sale constitutes an actual | ||
financial loss to an owner or lawful producer equal to the actual | ||
value of the legitimate wholesale purchases displaced by the | ||
nonconforming recordings. | ||
SECTION 6. Article 59.01(2), Code of Criminal Procedure, as | ||
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the | ||
83rd Legislature, Regular Session, 2013, is reenacted and amended | ||
to read as follows: | ||
(2) "Contraband" means property of any nature, | ||
including real, personal, tangible, or intangible, that is: | ||
(A) used in the commission of: | ||
(i) any first or second degree felony under | ||
the Penal Code; | ||
(ii) any felony under Section 15.031(b), | ||
20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or | ||
35, Penal Code; | ||
(iii) any felony under The Securities Act | ||
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or | ||
(iv) any offense under Chapter 49, Penal | ||
Code, that is punishable as a felony of the third degree or state | ||
jail felony, if the defendant has been previously convicted three | ||
times of an offense under that chapter; | ||
(B) used or intended to be used in the commission | ||
of: | ||
(i) any felony under Chapter 481, Health | ||
and Safety Code (Texas Controlled Substances Act); | ||
(ii) any felony under Chapter 483, Health | ||
and Safety Code; | ||
(iii) a felony under Chapter 151, Finance | ||
Code; | ||
(iv) any felony under Chapter 34, Penal | ||
Code; | ||
(v) a Class A misdemeanor under Subchapter | ||
B, Chapter 365, Health and Safety Code, if the defendant has been | ||
previously convicted twice of an offense under that subchapter; | ||
(vi) any felony under Chapter 32, Human | ||
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that | ||
involves the state Medicaid program; | ||
(vii) a Class B misdemeanor under Chapter | ||
522, Business & Commerce Code; | ||
(viii) a Class A misdemeanor under Section | ||
306.051, Business & Commerce Code; | ||
(ix) any offense under Section 42.10, Penal | ||
Code; | ||
(x) any offense under Section 46.06(a)(1) | ||
or 46.14, Penal Code; | ||
(xi) any offense under Chapter 71, Penal | ||
Code; | ||
(xii) any offense under Section 20.05, | ||
Penal Code; [ |
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(xiii) [ |
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326.002, Business & Commerce Code; or | ||
(xiv) any felony under Chapter 641, | ||
Business & Commerce Code; | ||
(C) the proceeds gained from the commission of a | ||
felony listed in Paragraph (A) or (B) of this subdivision, a | ||
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of | ||
this subdivision, or a crime of violence; | ||
(D) acquired with proceeds gained from the | ||
commission of a felony listed in Paragraph (A) or (B) of this | ||
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), | ||
or (xi) of this subdivision, or a crime of violence; | ||
(E) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 15.031 or | ||
43.25, Penal Code; or | ||
(F) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 20A.02 or | ||
Chapter 43, Penal Code. | ||
SECTION 7. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect at the time the offense was committed. | ||
For purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 8. To the extent of any conflict, this Act prevails | ||
over another Act of the 84th Legislature, Regular Session, 2015, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 9. This Act takes effect September 1, 2015. |