Byron Dorgan: “last year, I introduced a bill to correct problems with the Federal ``Son of Sam'' law, as those problems were perceived…”

“last year, I introduced a bill to correct problems with the Federal ``Son of Sam'' law, as those problems were perceived by the U.S. Supreme Court. Today, I am reintroducing this legislation, which deals with a continuing problem. The New York statute analyzed by the Supreme Court, as well as the Federal statute which I seek to amend, forfeited the proceeds from any expressive work of a criminal, and dedicated those proceeds to the victims of the perpetrator's crime. Because of constitutional deficiencies cited by the Court, the Federal statute has never been applied, and without changes, it is highly unlikely that it ever will be. Without this bill, criminals can become wealthy from the fruits of their crimes, while victims and families are exploited. The bill I now introduce attempts to correct constitutional deficiencies cited by the Supreme Court in striking down New York's Son of Sam law. In its decision striking down New York's law, the Court found the state to be both over inclusive and under inclusive: Over inclusive because the statute included all expressive works, no matter how tangentially related to the crime; under inclusive because the statute included only expressive works, not other forms of property. To correct the deficiencies perceived by the Court, this bill changes significantly the concepts of the Federal statute.”