HB 482 -- COUNTERFEITING

SPONSOR:  Walton

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Homeland Security by a vote of 6 to 0.

This bill changes the laws regarding the counterfeiting of goods.
In its main provisions, the bill:

(1)  Redefines "counterfeit mark," "retail value," "physical
injury," and "serious physical injury";

(2)  Makes a counterfeiting offense involving less than 100 items
or services valued at $1,000 or less a class A misdemeanor;

(3)  Increases the penalty for a counterfeiting offense involving
100 to 1,000 items or services valued at $1,000 to $10,000 from a
class D felony to a class C felony;

(4)  Increases the penalty for a counterfeiting offense when the
person has been previously convicted two or more times, the
violation involves 1,000 or more items or services valued at
$10,000 or more, or the person knowingly or recklessly causes or
attempts to cause the physical injury of another person from a
class C felony to a class B felony;

(5)  Adds the penalty of a class A felony if the person knowingly
or recklessly causes or attempts to cause the serious physical
injury or death of another person in the commission of any
counterfeiting offense;

(6)  Requires the forfeiture of all counterfeited property used
or sold and any property directly or indirectly obtained as the
result of the counterfeiting offense;

(7)  Requires the court, at the conclusion of all criminal and
civil forfeiture proceedings, to order any forfeited item to be
destroyed with the written consent of the trademark owners; and

(8)  Requires any person convicted of a counterfeiting offense to
pay restitution to the trademark owner and any other victim of
the offense in the amount of any expenses incurred by the
trademark owner in the investigation and prosecution of the
offense as well as any lost profits realized by the offense.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Expected
to be less than $100,000 in FY 2008, FY 2009, and FY 2010.  No
impact on Other State Funds in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that counterfeiting costs
corporations millions of dollars every year; counterfeiters do
not pay taxes at any level and tend to send their profits out of
the country; and counterfeiters are involved in underground
organized crime.  The counterfeited products do not undergo
quality control, often pose safety risks to consumers, and may
cause environmental problems.

Testifying for the bill were Representative Walton; Lisa
Armstrong, Coalition to Advance the Protection of Sports Logos
and International Anti-Counterfeiting Coalition; and David
Hempen, Energizer Battery.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am