II 

111TH CONGRESS 

2D SESSION S. 3468 

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 

JUNE 9, 2010 

Mr. CORNYN (for himself and Ms. KLOBUCHAR) 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 2010’’. 


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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), an inmate of a prison convicted of a crime of violence 

12 who knowingly deposits for mailing or delivery, or know13 ingly causes to be delivered by mail, any property, article, 

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

15 be placed in interstate or foreign commerce, shall be fined 

16 under this title and imprisoned not less than 6 months 

17 and not more than 10 years. Any term of imprisonment 

18 imposed under this subsection shall run consecutive to any 

19 other term of imprisonment. 

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 inmate 

2 of a prison that violates this section. 

3 ‘‘(d) EXCEPTION.—An inmate of a prison may mail 

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

5 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 in3 mate; 

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

5 the inmate or a member of the immediate 

6 family of the inmate; or 

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

9 ‘‘(2) the consent of the inmate is required by 

10 law to transfer title for real property, a motor vehi11 cle, or security, where a person who is not incarcer12 ated in a prison is the owner or a co-owner of that 

13 real 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 

21 of the United States or a State; and 

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

23 location where an individual is under home con24 finement; 

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, fa14 cilitate, or promote the commission of such offense; 

15 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 action in accordance with the procedures set forth in chap24 ter 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 conduct prohibited under section 1794 of title 18, 

4 United States Code, as added by this Act, may bring a 

5 civil action in an appropriate United States district court 

6 for the relief described in subsection (b). 

7 (b) RELIEF.—In any civil action brought under sub8 section (a), the court may award appropriate relief, includ9 ing— 

10 (1) temporary, preliminary, or permanent in11 junctive relief; 

12 (2) compensatory and punitive damages; and 

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

14 fees for attorneys and expert witnesses. 

Æ 


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