II 

110TH CONGRESS 

1ST SESSION S. 1528 

To amend chapter 87 of title 18, United States Code, to end the terrorizing 

effects of the sale of murderabilia on crime victims and their families. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend chapter 87 of title 18, United States Code, to 

end the terrorizing effects of the sale of murderabilia 

on crime victims and their families. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop the Sale of 

5 Murderabilia to Protect the Dignity of Crime Victims Act 

6 of 2007’’. 

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1 SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY 

2 PRIVILEGES OF STATE AND FEDERAL PRIS3 ONERS FOR COMMERCIAL PURPOSES. 

4 (a) IN GENERAL.—Chapter 87 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1794. Restrictions on the mailing and delivery 

8 privileges of State and Federal prisoners 

9 for commercial purposes 

10 ‘‘(a) IN GENERAL.—Except as provided in subsection 

11 (d), any person who, while incarcerated in a prison, know12 ingly deposits for mailing or delivery, or knowingly causes 

13 to be delivered by mail, any property, article, or object, 

14 with intent that the property, article, or object be placed 

15 in interstate or foreign commerce, shall be fined under this 

16 title and imprisoned not less than 3 years and not more 

17 than 10 years. Any sentence imposed under this sub18 section shall run consecutive to any other sentence im19 posed. 

20 ‘‘(b) PERIOD OF LIMITATIONS.—An indictment for 

21 any offense punishable under this section may be found 

22 at any time without limitation. 

23 ‘‘(c) GUIDELINES.—The Director of the Bureau of 

24 Prisons and the head of the department of corrections, 

25 or other similar agency, for any State may promulgate 

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1 uniform guidelines to restrict the privileges of any person 

2 that violates this section. 

3 ‘‘(d) EXCEPTION.—A person incarcerated in a prison 

4 may mail or deliver or cause to be delivered by mail title 

5 to real property, title to motor vehicles, or a security if— 

6 ‘‘(1) the mailing or delivery is to satisfy debt 

7 that is— 

8 ‘‘(A) imposed by law or a court order, in9 cluding— 

10 ‘‘(i) support obligations; 

11 ‘‘(ii) property taxes; 

12 ‘‘(iii) income taxes; 

13 ‘‘(iv) back taxes; 

14 ‘‘(v) a legal judgment, fine, or restitu15 tion; 

16 ‘‘(vi) fees to cover the cost of incarcer17 ation, including fees for health care while 

18 incarcerated imposed under section 4048; 

19 and 

20 ‘‘(vii) other financial obligations man21 dated by law or a court order; or 

22 ‘‘(B) incurred through a contract for— 

23 ‘‘(i) legal services; 

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1 ‘‘(ii) a mortgage on the primary resi2 dence of the immediate family of the pris3 oner; 

4 ‘‘(iii) the education or medical care of 

5 the prisoner or a member of the immediate 

6 family of the prisoner; or 

7 ‘‘(iv) life, health, home, or car insur8 ance; or 

9 ‘‘(2) the prisoner’s consent is required by law to 

10 transfer title for real property, a motor vehicle, or 

11 security, where a person who is not incarcerated in 

12 a prison is the owner or a co-owner of that real 

13 property, motor vehicle, or security. 

14 ‘‘(e) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘prison’— 

16 ‘‘(A) means a Federal or State correc17 tional, detention, or penal facility or any prison, 

18 institution, or facility in which persons are held 

19 in custody by direction of or pursuant to a con20 tract or agreement with the Attorney General of 

21 the United States or with a State; and 

22 ‘‘(B) does not include a halfway house or 

23 location where a person is under home confine24 ment; 

25 ‘‘(2) the term ‘security’ means— 

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1 ‘‘(A) a note, stock certificate, treasury 

2 stock certificate, bond, treasury bond, deben3 ture, certificate of deposit, interest coupon, bill, 

4 check, draft, warrant, debit instrument (as that 

5 term is defined in section 916(c) of the Elec6 tronic Fund Transfer Act (15 U.S.C. 

7 1693n(c))), money order, traveler’s check, letter 

8 of credit, warehouse receipt, negotiable bill of 

9 lading, evidence of indebtedness, certificate of 

10 interest in or participation in a profit-sharing 

11 agreement, collateral-trust certificate, pre-reor12 ganization certificate of subscription, transfer13 able share, investment contract, or voting trust 

14 certificate; 

15 ‘‘(B) a certificate of interest in, certificate 

16 of participation in, certificate for, receipt for, or 

17 warrant or option or other right to subscribe to 

18 or purchase any item described in subparagraph 

19 (A); or 

20 ‘‘(C) a blank form of any item described in 

21 subparagraph (A) or (B); and 

22 ‘‘(3) the terms ‘State’ and ‘support obligation’ 

23 have the meanings given those terms in section 

24 228.’’. 

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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 87 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

‘‘1794. Restrictions on the mailing and delivery privileges of State and Federal 

prisoners for commercial purposes.’’. 

5 SEC. 3. CRIMINAL FORFEITURE. 

6 Section 982(a) of title 18, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(9) The court, in sentencing a defendant convicted 

9 of an offense under section 1794, or of a conspiracy to 

10 commit such an offense, shall order that the defendant 

11 forfeit to the United States any real or personal prop12 erty— 

13 ‘‘(A) used or intended to be used to commit, to 

14 facilitate, or to promote the commission of such of15 fense; and 

16 ‘‘(B) constituting, derived from, or traceable to 

17 the gross proceeds that the defendant obtained di18 rectly or indirectly as a result of the offense.’’. 

19 SEC. 4. CIVIL FORFEITURE. 

20 Any property subject to forfeiture under section 

21 982(a)(9) of title 18, United States Code, as added by 

22 this Act, may be forfeited to the United States in a civil 

23 case in accordance with the procedures set forth in chapter 

24 46 of title 18, United States Code. 

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1 SEC. 5. CIVIL REMEDIES. 

2 (a) IN GENERAL.—Any person aggrieved by reason 

3 of the conduct prohibited under section 1794 of title 18, 

4 United States Code, as added by this Act, may commence 

5 a civil action for the relief set forth in subsection (b). 

6 (b) RELIEF.—In any action commenced in accord7 ance with subsection (a), the court may award appropriate 

8 relief, including— 

9 (1) temporary, preliminary, or permanent in10 junctive relief; 

11 (2) compensatory and punitive damages; and 

12 (3) the costs of the civil action and reasonable 

13 fees for attorneys and expert witnesses. 

Æ 

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