Relates to preventing defendants from making any profit from their crimes

Justification

In the summer of 1977, a series of murders of young women in New York left the city paralyzed with fear and created a media frenzy. Before the investigation was complete, news had spread that publishers were offering to pay a huge sum of money for the rights to the killer's story. In response, the New York legislature passed Executive Law §632-a, popularly deemed the "Son of Sam" law.

The Son of Sam law was designed to prevent criminals from profiting from their crimes through the commercial exploitation of their stories. The law was intended to "ensure that monies received by the criminal under such circumstances.....first be made available to recompense the victims of that crime for their loss and suffering."

To achieve that goal, the law required that any entity contracting with anyone accused or convicted of a crime supply a copy of the contract to the Crime Victims Compensation Board and pay the board any income earned pursuant to that contract. The money would remain in escrow for five years, during which time a victim could bring a civil action against his or her alleged perpetrator. If the civil action was successful, the funds would be used to satisfy any judgment rendered. If no actions were pending after five years, the board would then be required to pay the escrow funds to the accused.

This law has proved so popular that more than 40 states and the federal government now have Son of Sam laws. However, the New York statute has one significant flaw which should be remedied. If a notorious criminal is found, or takes a plea of, not responsible by reason of mental disease or defect he or she will fall outside the reach of the statute. This is more important than ever because famous criminals are trading on their notoriety like never before. The emergence of an underground trade in objects associated with crime, especially murder is perhaps the most sickening development so far. These objects, known as "murder memorabilia" or "murderabilia," include manufactured items representative of criminals or crimes, such as murderer trading cards or figurines, and non-manufactured items associated with the criminals or crimes themselves. Letters and paintings by inmates are especially popular, and items like hair and fingernail clippings from criminals also provide easy objects for criminals to cultivate and sell. Charles Manson is probably the most popular figure in murderabilia, followed by such infamous criminals as John Wayne Gacy, Richard "Nightstalker" Ramirez, and cannibal Jeffrey Dahmer. Buyers are plentiful in this macabre industry. What was once an underground practice has entered the mainstream through the help of Internet auction sites like eBay and Yahoo. Sites dedicated solely to the trade and collection of such items have also developed, permitting dealers and buyers to enter into anonymous transactions and avoid scrutiny by an unsuspecting public. They have also allowed inmates to skirt prison rules prohibiting transactions outside the prison walls by enabling agents to easily sell the paraphernalia on their behalf. Had any of these men been prosecuted in New York and been found, or taken a plea of, not responsible by reason of mental disease or defect he would have fallen beyond the protection of §632-a of the Executive Law.

Prior legislative history

2005-06: Passed Senate. 2007-08: Passed Senate.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.